IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 1690 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22905/2008 Dated 29/07/2008 .................... APPELLANT(S): PETITIONER ------------------------ P.M.KARUNAKARA KURUP, PATIYIL, ANJALI BHAVAN, BUDHANOOR, P.O., CHENGANNOOR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): RESPONDENTS -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ALAPUZHA REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ASSISTANT TRANSPORT OFFICER, PATHANAMTHITTA. 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- W.A. No. 1690 of 2008 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy,Ag.C.J. Appellant/Petitioner is challenging the order of the State Transport Appellate Tribunal in refusing to interfere in the rejection of grant of regular permit. By Ext.P1 order Regional Transport Authority rejected the application of the petitioner to run on the route Chengannoor - Cheruthana, via. Puliyoor, Budhanoor, Mannar, Theveri, Veeyapuram, Haripad and Mannarasala. It is contended by the petitioner that KSRTC is not running any bus in the above route. It is also submitted that even though there is an overlapping of 3.4 kms., in the notified route, that is only an inevitable overlapping. He relied on Ext.P6. In these circumstances, we are of opinion that the Tribunal should re-hear the matter in the light of Ext.P6 and other contentions raised by the petitioner with notice to KSRTC and petitioner. Hence, we set aside Ext.P3 order of the Tribunal and W.A. No. 1690/2008 2 remand the matter. The Tribunal should decide the matter within two months from the date of receipt of a copy of this judgment. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa W.A. No. 1690/2008 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:9th January, 2009