IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 22146 of 2011(P) ------------------------- PETITIONER : --------------------- R.RAMACHANDRAN, RAMANILAYAM, SOUTH MARADY PO, MUVATTUPUZHA. BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY, PIN 685 602. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI, PIN 685 602. R1 & R2 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22146 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE VARIATION APPLICATION SUBMITTED BY THE PETITIONER DATED 3/1/11. EXT.P2 : COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 19.5.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 22146 of 2011 ------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Thodupuzha-Vazhakulam on the strength of a regular permit. He applied for variation of the permit by submitting Ext.P1 application dated 3.1.2011 before the respondents. The Regional Transport Authority that met on 19.5.2011 considered the said application and directed the Secretary, Regional Transport Authority, Idukki to ascertain whether the curtailment of the route will adversely affect the students and the travelling public on the existing route. The petitioner states that though there was yet another meeting of the Regional Transport Authority on 27.7.2011, the petitioner's application was not taken up for consideration in the said meeting, though a report had been received from the Motor Vehicles Inspector as regards the effect which the variation will have on the students and the travelling public on the existing route. In this writ petition, the petitioner seeks a direction to the respondents to pass final orders on Ext.P1 application for variation of the permit within a time limit to be fixed by this Court. 2. The respondents have been served and they have W.P.(C) No.22146 of 2011 2 entered appearance through the learned Government Pleader. When the writ petition came up for hearing today, Sri.Prasad Chandran, learned counsel appearing for the petitioner submitted that there was yet another meeting of the Regional Transport Authority on 19.10.2011 and in that meeting also, the petitioner's application was not taken up for consideration. Though the respondents have been served, they have not denied the case set out by the petitioner in paragraph 3 of the writ petition that the Field Officer's report has been received. In such circumstances, as more than 10 months have passed after the petitioner applied for variation of the permit and his application was once considered by the Regional Transport Authority at its meeting on 19.5.2011, I dispose of the writ petition with a direction to the respondents to take a final decision on the petitioner's application expeditiously and in any event within two months from the date of production of a certified copy of this judgment before the second respondent. If contrary to the claim made by the petitioner, the Field Officer's report has not been received, the second respondent shall call for the same for the purpose of enabling the Regional Transport Authority to pass orders within the time limit stipulated above. If the Regional Transport Authority is of the opinion W.P.(C) No.22146 of 2011 3 that the petitioner need not be heard for the purpose of passing orders on the application, it will be open to the Regional Transport Authority to follow the procedure prescribed in rule 130 of the Kerala Motor Vehicles Rules for considering the petitioner's application. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 22146 of 2011 JUDGMENT Dated:- 21st October, 2011 --------------------------------------