IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 25463 of 2009(C) -------------------------- PETITIONER(S): --------------- N.UNNIYAN, NEERANI HOUSE, KANHIRAVALLI, PUNCHAKODE, MANNARKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REP.BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25463/2009 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF DECISION OF R.T.A. DT. 16-10-2007. EXT.P2 APPEAL MEMORANDUM. EXT.P3 JUDGMENT DT. 22-4-2008. EXT.P4 DECISION OF RTA DT. 22-8-2008 EXT.P5 NOTICE DT. 20-8-2009. EXT.P6 JUDGMENT IN W.P.C. NO. 30594/2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25463 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd November, 2009. J U D G M E N T The petitioner is a stage carriage operator conducting service on the route Konikkazhy - Attassery as per a regular permit. The petitioner submitted an application for variation of conditions of the permit in the form of extension from Mannarkkad to Ambalappara with two additional trips to Attassery from Mannarkad. The application was submitted with a proposed set of timings containing changes in the existing timings also in order to accommodate the variation. The R.T.A rejected the variation applied for. The petitioner filed an appeal before the State Transport Appellate Tribunal, in which Ext. P3 judgment was passed, the operative portion of which reads thus: “In the result, this appeal is allowed. The impugned order is set aside, thereby directing the first respondent to grant the variation of permit as sought for by the appellant, subject to settlement of timings.” Pursuant thereto, the R.T.A passed Ext. P4 order, which reads thus: “1. Perused the judgment of Hon'ble STAT in MVAA No. 812/07 dated 22.5.08. 2. Heard. Variation allowed in the interest of travelling public without the existing trips and existing timings.” The petitioner submits that Ext. P4 order is totally against the judgment of the Tribunal and therefore liable to be set aside. The petitioner seeks the following reliefs: “i. issue a writ of certiorari or such other writ, order or direction, quashing the decision of the RTA Palakkad dated W.P.C. No. 25463/2009 -: 2 :- 22.8.2008 to the extent it directs that the variation allowed in the interest of travelling public without the existing trips and existing timings, as the same is in violation of the judgment of Tribunal, which is final as per the Statute. ii. issue a writ of mandamus or such other writ, order or direction, directing the 1st respondent, RTA, Palakkad to comply with the direction in MVAA No. 812/2007 and grant the variation as sought for by the appellant subject to settlement of timings, as relating to the permit on the route Konikkazhi – Attassery, within a time frame as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.” 2. I have heard the learned Government Pleader also. 3. On a reading of Ext. P4 order, to me, it makes no sense whatsoever. I find that there are serious mistakes in the wordings used and the same do not convey what was intended by the RTA. In any event, what has been directed in Ext. P3 judgment of the Tribunal is to grant the variation sought for subject to settlement of timings. That being so, the RTA had no option but to allow the variation sought for subject to settlement of timings. Evidently, by Ext. P4 order, that has not been done. Accordingly, Ext. P4 to the extent it relates to the petitioner's service is quashed. The RTA is directed to re-consider the matter in accordance with Ext. P3 judgment and pass fresh orders in its next meeting. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/