IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28160 of 2008(B) -------------------------- PETITIONER(S): --------------- SUNNY ABRAHAM, THOTTICHIRAYIL, PRIYADARSINI , VAIKOM, BY ADV. SRI.A.INEES RESPONDENT(S): --------------- THE REGIONAL TRASPORT AUTHORITY, KOTTAYAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28160/2008 -------------------- Dated this the 23rd day of September, 2008 JUDGMENT Petitioner applied for the grant of a regular stage carriage permit on the route Cherthala-Muvattupuzha as limited stop ordinary service. The application was rejected by the respondent by proceedings dated 21.12.2006 on the ground that the route overlaps 8 Kms from Vaikom to Thalayolaparamb on the Ernakulam- Thekkady scheme. Appeal filed by the petitioner before the State Transport Appellate Tribunal was allowed by Ext.P1 judgment and a direction was given to the RTA to make grant of regular permit subject to settlement of timings. Apparently, respondent took note of Ext.P1 judgment and expressed what it calls as “satisfaction that the State Transport Appellate Tribunal has not properly considered this aspect”. Therefore, it adjourned the proceedings taken pursuant to Ext.P1 judgment by the STAT for filing an appeal. The Secretary, RTA was authorized to obtain permission from the Government. Ext.P2 is under challenge in the writ petition. W.P.(C).28160/2008 2 2. I heard learned Government Pleader also. RTA has no right of appeal against the order passed by the Appellate Authority, STAT. If at all, it is only the Government which has the right to challenge the order of the Appellate Authority. Same view has been taken by this Court in Ext.P3 judgment also. 3. In the result, Ext.P2 is quashed. Respondent shall implement Ext.P1 judgment as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. But in the event of any modification being effected to Ext.P1 judgment, grant of permit by the respondent shall be subject to the same. Writ petition is disposed of as above. V.GIRI, Judge mrcs