IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 30544 of 2007(J) -------------------------- PETITIONER: -------------- SMT.RUBY, KURUTHUKULANGARA MOOLAPARAMBIL HOUSE, P.O.KANDASSANKADAVU, THRISSUR. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ----------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, THRISSUR. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.K.PRABHAKARAN SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30544/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DATED 8.5.07 IN MVAA NO.164/07 EXT.P2: TRUE COPY OF THE PROCEEDINGS DATED 18.8.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 30544 OF 2007 J ===================== Dated this the 1st day of January, 2008 J U D G M E N T Ext.P1 is the judgment passed by the STAT in MVAA No.164/07 allowing the appeal of the petitioner and setting aside the order of the RTA. By this judgment, permit was ordered to be granted to the petitioner subject to settlement of timings. The matter was reconsidered by the RTA. The RTA referring to various provisions of the notification dated 9/5/07 held that the STAT cannot give a direction to grant a permit in contravention of the provisions of the Act. On this basis RTA authorised its Secretary to pursue the matter before the Government/Transport Commissioner and file an appeal before this court immediately. It is challenging Ext.P2, the petitioner has filed this writ petition. 2. It is admitted by both sides that till date no review or other proceedings have been filed against Ext.P1 and P1 has WPC 30544/07 :2 : become final. In the light of Ext.P1, RTA instead of sitting in appeal over the same can only implement the direction issued by the Tribunal. The attempt of the RTA to overreach the Tribunal's order cannot be appreciated. If the RTA or any other person is aggrieved by the order of the Tribunal, it is up to them to pursue the matter in the manner known to law. This having not been done till date, I can only quash Ext.P2 and direct the RTA to implement Ext.P1. Accordingly, writ petition will stand disposed of quashing Ext.P2 and directing the RTA to implement Ext.P1, as expeditiously as possible. However, this shall be subject to any order that may be passed by any authority before whom any appeal or other proceedings are initiated against Ext.P1. ANTONY DOMINIC, JUDGE. Rp