IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 5490 of 2008(C) -------------------------------------- PETITIONER: --------------------- KANNOTH ASHA, W/O.C.V.RAJAN, "NADUKANDY HOUSE", P.O.THILANKERI, MATTANUR, THALASSERY. BY ADV. SMT.VIDHYA. A.C SRI.A.C.VENUGOPAL RESPONDENTS: ------------------------- 1. REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, KANNUR. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR. 3. THE KSRTC, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH R3 BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5490/2008 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF APPLICATION DTD. 16/01/06 SUBMITTED BYTHE PETITIONER TO REGIONAL TRANSPORT AUTHORITY, KANNUR. EXT.P2: COPY OF REJECTION ORDER DTD. 23/01/2007 FROM THE REGIONAL TRANSPORT AUTHORITY, KANNUR. EXT.P3: COPY OF JUDGMENT OF HON'BLE STATE TRANSPORT APPELLATE TRIBUNAL DTD. 25/04/07 IN M.V.A.A.NO.147 OF 2007. EXT.P4: COPY OF ORDER DTD. 4/07/2007 FROM THE REGIONAL TRANSPORT AUTHORITY, KANNUR. EXT.P5: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT DTD. 7/09/07 IN WP9C) NO.23082 OF 2007. EXT.P6: COPY OF REJECTION ORDER DTD. 26/09/07 FROM THE REGIONAL TRANSPORT AUTHORITY, KANNUR. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5490 of 2008 ------------------------------------- Dated: APRIL 4, 2008 JUDGMENT Ext.P1 application made by the petitioner for regular permit was rejected by Ext.P2. Against Ext.P2 an appeal was filed as MVAA No.147/2007. That appeal was allowed by Ext.P3 judgment dated 25.4.2007 setting aside Ext.P2 order and directing that the permit be granted subject to settlement of timings. The permit sought for is in the route Kannur - Kudiyanmala. 2. It is stated that the matter was reconsidered by the RTA and by Ext.P4 the RTA adjourned the same for modifying the route to avoid objectionable overlapping. At that stage, petitioner approached this court by filing WP(C) 23082/2007, which was disposed of by Ext.P5 judgment directing that the matter shall be finally decided in the RTA meeting scheduled on 24.9.2007. 3. It is now submitted that the matter was accordingly reconsidered and finding that the route overlaps the modified supplementation scheme published vide notification dated WP(C) 5490/08 Page numbers 9.5.2007, permit has been declined to the petitioner by Ext.P6. It is challenging Ext.P6 that this writ petition has been filed. 4. As already noticed, the finding is that the route overlaps the modified supplementation scheme published vide the notification dated 9.5.2007. The grant of permit was by the STAT and the judgment is dated 25.4.2007, which is much prior to the date of the notification. Once permit is granted by the STAT, the issue of the permit is only a ministerial act and therefore the notification subsequent to the grant can be of no consequence. In this view of the matter, Ext.P6 deserves to be quashed and I do so. The matter shall be reconsidered by the respondent and orders in implementation of Ext.P3 will be passed as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-