IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 25206 of 2011(A) ---------------------- PETITIONER : --------------------- MATHEWS JOHN, KURUMBALAKKATTU HOUSE, UDUMBANNOOR.P.O, AMAYAPRA,THODUPUZHA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI-685602. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI, PIN-685602. R1 & R2 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25206 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER. EXHIBIT-P2: TRUE COPY OF THE TIME SCHEDULE ISSUED TO THE PETITIONER DATED 16.8.2005 EXHIBIT-P3: TRUE COPY OF THE APPLLICATION FOR VARIATION DATED 29.8.2011 EXHIBIT-P4: TRUE COPY OF THE COVERING LETTER TO EXT.P3 WITH SKETCH AND PROPOSAL TIMINGS. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25206 of 2011 ----------------------------------------- Dated this the 4th day of November, 2011 JUDGMENT The petitioner is a stage carriage operator, operating a stage carriage service on the route Peringassery - Thodupuzha on the strength of a regular permit. He applied for a variation of the permit by submitting Ext.P3 application dated 29.8.2011. Along with that application he also submitted Ext.P4 representation wherein he requested that the variation sought may be granted as it is beneficial to the travelling public. This writ petition is filed for an order directing the first respondent to consider Ext.P3 application and pass appropriate orders thereon within a time limit to be fixed by this Court. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. Smt.Anitha Ravindran, the learned Government Pleader appearing for the respondent, submitted that upon receipt of Ext.P3 application the Secretary, Regional Transport Authority, Idukki, has called for a repoort from the Joint Regional Transport Officer, W.P(C).No.25206 of 2011 -:2:- Thodupuzha as regards the variation sought by the petitioner. The learned Government Pleader also submitted that only after a report is received from the Joint Regional Transport Officer, Thodupuzha, can the application for variation be taken up by the Regional Transport Authority, Idukki for consideration. In the light of the said submissions, I dispose of the writ petition with the following directions: (1) The Joint Regional Transport Officer, Thodupuzha, shall forward the report called for by the Secretary, Regional Transport Authority, Idukki on Ext.P3 application filed by the petitioner for variation of Ext.P1 stage carriage permit within two months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before him. (2) The Regional Transport Authority, Idukki, shall upon receipt of the said report take up Ext.P3 application for consideration in the next meeting of the Regional Transport Authority, Idukki held after the date of receipt of the report and take an appropriate decision thereon. (3) If the Regional Transport Authority is of the opinion that the petitioner need not be heard in person before W.P(C).No.25206 of 2011 -:3:- taking a decision on Ext.P3, it will be open to the Regional Transport Authority, Idukki, to follow the procedure prescribed in rule 130 of the Motor Vehicles Rules for taking a decision on Ext.P3 application. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25206 of 2011 ---------------------------- JUDGMENT 4th November, 2011