IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 1559 of 2007(I) ------------------------------------ PETITIONER: ------------------- P.N.SANKARAN, S/O.NARAYANAN NAIR, POILLIL HOUSE, KAIPARAMBU P.O., THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS: ------------------------ 1. REGIONAL TRANSPORT AUTHORITY, VADAKARA, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA. 3. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1559/2007-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PROCEEDINGS OF R.T.A., VADAKARA DTD. 18/11/04 EVIDENCING RENEWAL OF THE PERMIT RELATING TO THE PETITIONERS SERVICE TO OPERATE ON THE ROUTE THRISSUR - KAYAKODI. EXT.P.2: COPY OF THE APPLICATION DTD. 23/06/06 FILED BY THE PETITIONER BEFORE THE R.T.A. VADAKARA FOR VARYING THE SERVICE OF BUS NO. KL 8 Y 8577 AS A LIMITED STOP FAST PASSENGER WITH SKETCH. EXT.P.3: COPY OF THE PROCEEDINGS OF THE R.T.A. VADAKARA RELATING TO ITEM NO. 111 OF THE MEETING HELD ON 15/07/06. EXT.P.4: COPY OF THE PROCEEDINGS OF THE R.T.A. MALAPPURAM DTD. 26/06/06 RELTING TO VEHICLE NO. KL 8 W 8383 TO OPERATE AS LIMITED STOP FAST PASSENGER ON THE ROUTE KOZHIKODE - THRISSUR. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.T.A. MALAPPURAM DTD. 26/06/06 RELATING TO VEHICLE NO. K. 8 AH 8199 TO OPERATE AS LIMITED STOP FAST PASSENGER ON THE ROUTE KOZHIKODE - THRISSUR. EXT.P.6: COPY OF THE PROCEEDINGS OF THE R.T.A. MALAPPURAM DTD. 26/06/06 RELATING TO VEHICLE NO. KL 8 M 2728 TO OPERATE AS LIMITED STOP FAST PASSENGER ON THE ROUTE KOZHIKODE - THRISSUR. EXT.P.7: COPY OF THE PROCEEDINGS OF THE R.T.A. MALAPPURAM DTD. 21/07/06 RELATING TO THE GRANT OF VARIATION OF SERVICE TO OPERATE AS LIMITED STOP FAST PASSENGER RELATING TO BUS NO. KL 10 T 5360 TO OPERATE ON THE ROUTE ERNAKULAM - KOZHIKODE. EXT.P.8: COPY OF THE ORDER OF THE S.T.A.T. MADE IN MVARP 361/2006 DTD. 31/10/2006. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J = = = = = = = = = W.P.(C).No. 1559 OF 2007 = = = = = = = = = = = = = Dated this the 17th day of January, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The challenge in this writ petition is against ext.P3 proceedings of the RTA as well as the STAT confirming the same. The petitioner had applied for conversion of the vehicle into fast passenger and this was rejected by RTA and the said order was confirmed by STAT in Ext.P8 order stating that conversion is possible only within the scope of the limits of the claim. Learned counsel produced before me order in M.V.A.R.P.No.361/2006 passed by the STAT subsequent to Ext.P8. In that order it is seen that the Tribunal has taken the view that the petitioner therein was entitled to claim conversion of the service as per the provisions contained in Kerala Motor Vehicle Rules. On that basis, the RTA's order was set aside and the matter was remanded back for re-consideration. In this case, the conversion sought for was rejected by the STAT. In view of W.P.(C).No. 1559 OF 2007 2 the order in M.V.A.R.P.No.361/2006, I quash Exts.P3 and P8 and I direct the RTA to reconsider the matter giving an opportunity to the petitioner to seek conversion as provided for in the rules. ANTONY DOMINIC, JUDGE bkn/-