IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 26516 of 2011(L) -------------------------------------- PETITIONER: ------------------- N.P.AJITHKUMAR, AISWARYA, ASHOKA NAGAR P.O., THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER, JOSE, OLLUKKARAN HOUSE, KIZHAKKUMPATTUKARA, THRISSUR. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001. R1 & R2 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26516/2011-L: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE ORDER IN M.V.A.R.P.NO. 195/2011 DATED 6/7/2011. EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO.37601/2010 DATED 7/1/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 26516 of 2011 ----------------------------------------------- Dated this the 24th day of November, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage service on the route Azhikkode-Kozhikkode as a limited stop ordinary service. He applied for conversion of the class of service as a super fast service by submitting an appropriate application to the Regional Transport Authority, Thrissur. By order passed on 25.2.2011 the Regional Transport Authority, Thrissur decided to seek the concurrents of the Regional Transport Authorities at Thrissur and Kozhikkode. Aggrieved by that order the petitioner filed a revision petition before the State Transport Appellate Tribunal, Ernakulam. By Ext.P1 order passed on 6.7.2011, the State Transport Appellate Tribunal held that the concurrence of sister Regional Transport Authorities is not required for conversion of the class of service from limited stop ordinary service to super fast service. The State Transport Appellate Tribunal accordingly allowed the revision petition and directed the Regional Transport Authority, Thrissur to grant the conversion sought for and to call upon the WP(C)No. 26516 of 2011 -2- petitioner to make available a suitable vehicle in conformity with rule 260A of the the Kerala Motor Vehicles Rules. This writ petition is filed contending that though several months have passed thereafter, the Regional Transport Authority has not yet issued an order granting the conversion. The respondents have been served and they have entered appearance through the learned Government Pleader. I heard Sri. I.Dinesh Menon, learned counsel appearing for the petitioner and Smt.Anitha Ravindran, learned Government Pleader appearing for the respondents. It is not in dispute that the State Transport Appellate Tribunal has by Ext.P1 order directed the Regional Transport Authority, Thrissur to grant the conversion sought for. The order has attained finality. Such being the situation, I am of the opinion that the Regional Transport Authority, Thrissur should have granted the conversion and called upon the petitioner to produce a suitable vehicle for endorsing the conversion on the permit. I accordingly dispose of the writ petition with a direction to the respondents to issue orders in implementation of Ext.P1 order of the State Transport Appellate Tribunal by circulation of papers in the manner provided in rule 130 of the Kerala Motor Vehicles WP(C)No. 26516 of 2011 -3- Rules, expeditiously and in any event within one month from the date of production of copy of this judgment. The Secretary, Regional Transport Authority, Thrissur shall as soon as orders are passed communicate it to the petitioner and on the the petitioner producing a suitable vehicle endorse the conversion of the class of service within one week from the date of production of the vehicle, if the records are in order. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True copy// PA to Judge.