IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 3148 of 2008(Y) ------------------------------------- PETITIONER: ------------------- NARENDRANATHAN, S/O. C.K.KELAPPAN, KAKKUMMAL HOUSE, KAYANNA BAZAR P.O., PERAMBRA, KOZHIKODE. BY ADV. SRI.K.V.GOPINATHAN NAIR. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3148/2008-Y: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR VARIATION OF CONDITION OF PERMIT DTD. 26/06/2006. EXT.P.2: COPY OF THE PROCEEDINGS OF THE R.1. DTD. 07/08/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3148 of 2008 ------------------------------------- Dated: MARCH 27, 2008 JUDGMENT Ext.P1 is an application made by the petitioner for variation of the conditions of the permit. The application was taken up in the RTA meeting held on 7.8.2007 and was adjourned directing the Secretary to give a report as to whether the applicant is a fleet owner under Rule 2(eb) of the Kerala Motor Vehicles Rule, 1989. 2. It is the accepted position that by the judgment dated 30.6.2003 rendered by this court in O.P.No.7211/1999, the definition of “fleet owner” as contained in Rule 2(eb) of the Rules had been set aside. In view of this, the reason for adjournment as stated in Ext.P2 proceedings of the RTA is only to be held as irrational. Therefore this writ petition is disposed of directing that the 1st respondent shall consider Ext.P1 application on merits in the next WP(C) 3148/08 Page numbers meeting of the RTA. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE mt/-