IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 36835 of 2004(I) ---------------------------------------- PETITIONER(S): ------------------------ K.S.R.T.C. REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT P.O. THIRUVANANTHAPURAM. BY ADV. SRI.T.RAVIKUMAR, SC, KSRTC RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM REP. BY ITS SECRETARY. 2. SRI. VINOD MATHEW, PERINCHERIL, VELLOOTHURUTHY, KUZHIMATTOM, KOTTAYAM. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36835/2004 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STAT ORDER IN MVAA NO.582 OF 2004 DTD. 26/07/2004. EXT.P2: COPY OF THE KOTTAYAM – NEENDOOR SCHEME DTD. 6/05/1965. EXT.P3: COPY OF THE ALAPPUZHA – THANNEERMUKKOM DTD. 14/08/1994. EXT.P4: COPY OF THE OBJECTION DTD. 28/09/2004. EXT.P5: COPY OF THE PROCEEDINGS OF THE RTA DTD. 28/09/2004. EXT.P6: COPY OF THE CERTIFICATE DTD. 15/1/2003. EXT.P7: COPY OF THE SKETCH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36835 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th November, 2008 JUDGMENT The petitioner is the K.S.R.T.C. It is challenging Ext.P1 order of the State Transport Appellate Tribunal in M.V.A.A.No.582/03. The said appeal was filed by the 2nd respondent herein against the order of the R.T.A., Kottayam declining to grant his application for extension of his route Kottayam-Kaipuzhamuttu, upto Cherthala. So far the notice on the 2nd respondent who was the appellant before the S.T.A.T. has not been served. Further, more than four years have expired after the order of the S.T.A.T. So the variation granted must have been granted long ago and in another one year the validity of the permit will also be expiring. If the permit is renewed with extension, the K.S.R.T.C. will be prejudiced. Without prejudice to its right to work out its remedy against it, this Writ Petition is closed. srd K.BALAKRISHNAN NAIR, JUDGE