IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 37197 of 2007(C) -------------------------- PETITIONER: -------------- J.SURESHKUMAR, AMBELLIL VEEDU, UPPOODU, EAST KALLADA, KOLLAM. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENTS: ------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM, REPRESENTED BY THE SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOLLAM. 4. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R3 GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37197/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DT.24.4.2007. EXT.P2: TRUE COPY OF THE APPEAL MEMORANDUM AS MVAA NO.366/2007 DT.12.7.07. EXT.P3: TRUE COPY OF THE REPORT OF THE FIELD OFFICER OBTAINED BY THE PETITIONER AS PER THE PROVISIONS OF RIGHT OF INFORMATION ACT OBTAINED ON 18.7.07. EXT.P4: TRUE COPY OF THE JUDGMENT OF THE 4TH RESPONDENT IN MVAA NO.366/2007 DT.15/10/2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 37197 OF 2007 C ==================== Dated this the 9th day of June, 2008 J U D G M E N T The application for regular permit was made by the petitioner initially for the route Kottarakkara KNS Junction-Chittumala. It is stated that subsequently, petitioner modified the route into Kottarakkara Market Junction-Chittumala. However without taking note of the modification as applied for by the petitioner, by Ext.P1, the application was rejected by the RTA finding scheme violation. Ext.P2 appeal was filed before the Tribunal, in which petitioner had at more than one place clarified that the route applied for was in respect of Kottarakkara Market Junction-Chittumala. 2. It is the contention of the petitioner that though the Tribunal called for the records of the RTA, records were not produced. According to him, in the meanwhile he made an application invoking the provisions of the Right to Information Act and obtained the Field Officers report, which is Ext.P3 in this writ petition. It is stated that the matter was heard by the Tribunal and Tribunal by Ext.P4 rejected the appeal. It is challenging Exts. P1 and P4, this writ petition has been filed. 3. A reading of Ext.P4 judgment of the Tribunal shows that the Tribunal also erroneously proceeded on the basis that the route applied for WPC 37197/07 :2 : was Kottarakkara KNS Junction-Chittumala as against the specific case of the petitioner in Ext.P2 appeal memorandum itself that the route applied for was Kottarakkara Market Junction-Chittumala. 4. Apart from this, I also notice that the Tribunal doubted the authenticity of Ext.P3 report of the Field Officer. First of all, this is a case where the Tribunal had called for the records of the RTA and those records were not produced by the parties. It was in the meanwhile that the petitioner made application under the Right to Information Act and obtained Ext.P3. A reading of Ext.P3 itself shows that it was on the basis of an application under the Right to Information Act that the same was issued. Ext.P3 also disclosed that the route in respect of which the application was sought for by the petitioner was Kottarakara Market Junction-Chittumala. On the materials now available before me, I have no reason to doubt the authenticity of Ext.P3 and even if the Tribunal had any reason to doubt the authenticity of Ext.P3, the course it should have adopted, was to wait for receipt of the records of the RTA instead of proceeding further with the case. Since the Tribunal has proceeded with the matter and declined to rely on Ext.P3, and that too for no reason, I am not in a position to uphold the reasoning of the Tribunal. WPC 37197/07 :3 : 5. For the aforesaid reasons, this writ petition will stand disposed of quashing Ext.P4 and directing that the application of the petitioner will be treated as covering Kottarakkara Market Junction-Chittumala. The Tribunal is directed to dispose of the matter taking into account either Ext.P3 or the RTA records. The matter shall be reconsidered and disposed of as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. ANTONY DOMINIC,JUDGE. Rp