IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 22326 of 2011(M) -------------------------- MVAA.371/2010 of S.T.A.TRIBUNAL,ERNAKULAM .................... PETITIONER(S): --------------- K.M.JOSEPH, KANNAMUNDAYIL HOUSE, VALLAKADAVU, KATTAPPANA. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI REPRESENTED BY ITS SECRETARY. PIN - 685 602. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI. PIN - 685 602. BY GOVT. PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 22326/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL IN MVAA NO.371/2010 DATED 16.5.2011 EXT.P2 : COPY OF THE AGENDA OF THE MEETING OF THE 1ST RESPONDENT HELD ON 22.7.2011 IN ITEM NO.13 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22326 OF 2011 -------------------------- Dated this the 29th day of August, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Nedumkandam-Kottayam on the strength of a regular permit that is valid till 13.12.2015. He applied for variation of the permit by extending the service from Nedumkandam to Udumbanchola and for change of classification of the service as a fast passenger service. The Regional Transport Authority, Idukki rejected the application by order dated 16.8.2010. The petitioner thereupon moved the State Transport Appellate Tribunal, Ernakulam by filing M.V.A.A. No. 371 of 2010. By Ext.P1 judgment delivered on 16.5.2011 after notice to and hearing the Regional Transport Authority Idukki, its Secretary and also the objectors, the State Transport Appellate Tribunal allowed the appeal, set aside the order of the Regional Transport Authority and directed grant of variation subject to WPC No.22326/2011 2 settlement of timings. The State Transport Appellate Tribunal also directed that the third respondent in that appeal and other operators should be heard when the timings are settled. This writ petition is filed contending that though more than three months have passed after Ext.P1 judgment was delivered, till date, it has not been implemented. In this writ petition, the petitioner seeks a direction to the respondents to comply with Ext.P1 judgment of the State Transport Appellate Tribunal by issuing the varied permit after settling timings. 2. When the writ petition came up for hearing today, Sri.Hanil Kumar, learned Government Pleader appearing for the respondents submitted on instructions that the Regional Transport Authority will take up the petitioner's application at its meeting scheduled to be held on 19.10.2011, and pass appropriate orders thereon expeditiously. In the light of the said submission, I dispose of the writ petition with a direction to the first respondent to grant the WPC No.22326/2011 3 variation as directed by the State Transport Appellate Tribunal in Ext.P1 judgment in the meeting scheduled to be held on 19.10.2011 and to the second respondent to issue the varied permit after settling the timings with notice to persons who are interested including the petitioner within one month from the date of the grant. P.N.RAVINDRAN, (JUDGE) vps