IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 14337 of 2009(J) -------------------------- PETITIONER(S): --------------- P.K.SUGATHAN, KALAPURACKAL HOUSE KUNDANNUR, MARADU, ERNAKULAM DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE CITY TRAFFIC STATION, KOMBARA, ERNAKULAM. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY REGIONAL TRANSPORT OFFICER, ERNAKULAM. SR.GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. `````````````````````````````````````````````````` W.P.(C) No. 14337 of 2009 J `````````````````````````````````````````````````` Dated this the 4th day of November, 2009 J U D G M E N T The petitioner is a stage carriage operator operating on the route Madavana-Eramallur-Ernakulam South-Kaloor. As per the permit conditions, after entering Ernakulam, the petitioner has to go to Ernakulam South and from there, along the M.G.Road has to go to Kaloor junction. The petitioner's grievance in this writ petition is that contrary to the permit conditions, the respondents are forcing the petitioner to conduct service through the Kaloor- Kadavanthara road which, according to the petitioner, is against the conditions of the permit. The petitioner's contention is that without endorsing variation of the route in the permit, the petitioner cannot be forced to conduct service through another route not sanctioned by the permit. 2. The learned Government Pleader submits that in view of the traffic congestion in the city, it has been decided to direct certain city services to be plied through the Kaloor-Kadavanthara road. In fact, according to him, there is an interim order in that WPC.14337/09 : 2 : regard in W.P.(C) No.27327/2008. But, the learned Government Pleader himself admits that as per that order, the RTO was directed to endorse such variation in the route, in the permit within a period of one month. That being so, even if in the interest of avoiding traffic congestion, it is necessary to direct the petitioner to ply through the Kaloor-Kadavanthara road, that can only be after endorsing the variation in the permit of the petitioner. Accordingly, the writ petition is disposed of with a direction to the respondents not to insist on the petitioner plying through the Kaloor-Kadavanthara road against the permit conditions, unless the variation is endorsed in the permit. Sd/- (S. SIRI JAGAN, JUDGE) aks // True Copy // P.A. To Judge