IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 32643 of 2008(J) -------------------------- PETITIONER(S): --------------- K.C.SANTHOSH, KATHANAPARAMBIL HOUSE, PUTHENVELIKKARA P.O., NORTH PARUR, ERNAKULAM. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32643/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioner is a regular stage carriage operator operating on the route Thuruthipuram-Aluva-Mala. Permit originally issued was renewed as per Ext.P1 order passed by the RTA. Petitioner’s grievance is that while endorsing the grant of the renewal of the permit, RTA imposed a condition that the vehicle should be replaced with a vehicle having a wheel base of not less than 510 cm. This has been challenged in the writ petition. 2. Learned counsel for the petitioner submits that irrespective of whether RTA can direct a replacement of the vehicle with a vehicle having a wheel base of not less than 510 cm., at the time of the renewal, the Secretary, RTA has no jurisdiction to impose such a condition, once RTA has taken a decision to renew the permit. This position, has been accepted by this Court in Poulose v. R.T.O.Palakkad (1992 (1) KLT 441) and several decisions thereafter. W.P.(C).32643/2008 2 3. I heard learned Government Pleader also. Secretary, RTA has no jurisdiction to impose a condition de hors the decision taken by the RTA to renew the permit is the law laid down by this Court in (1992 (1) KLT 441) and followed thereafter. 4. In the result, writ petition is allowed setting aside Ext.P2, in so far as it imposes a condition that the petitioner shall replace the existing vehicle with a vehicle having a wheel base of not less than 510 cm. Respondent shall issue a permit in terms of Ext.P1 decision taken by the RTA, within one month from the date of receipt of a copy of this judgment along with the copy of the writ petition. Original of the permit produced by the petitioner shall be returned to the learned counsel for the petitioner. V.GIRI, Judge mrcs