IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WA.No. 612 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16747/2007 Dated 15/11/2007 .................... APPELLANT/ PETITIONER IN THE WRIT PETITION: ------------------ N.RAVEENDRAN, THUSHARA, AGASTHYACODU, ANCHAL, KOLLAM. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS/ RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C, KOLLAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R3 GOVT.PLEADER, SRI.NOBLE MATHEW FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. -------------------------------- W.A. No.612 OF 2008 -------------------------------- Dated this the 11th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is the petitioner in W.P.(C) No.16747/2007. He is a stage carriage operator. He applied for a regular permit on the route Thiruvaikodu temple - Punalur Private Bus Stand (via) Chadayamangalam, Ayoor, Anchal and Karavaloor. The R.T.A. at its meeting held on 3.11.2006 considered the application and rejected it for the reason that the route overlaps Trivandrum- Kollam - Kottarakkara Circular route, Trivandrum - Kottayam (via) Punalur route and Kayamkulam - Kulathupuzha route. The above routes are nationalised routes and limited overlapping alone is permissible in those routes, as per the conditions stipulated in the relevant schemes. It was found as per Ext.P1 order that the overlapping of the route, for which, permit was applied for by the petitioner, is objectionable and therefore, permit cannot be granted. The petitioner filed Ext.P3 appeal before the State Transport Appellate Tribunal against W.A. No.6122/2008 2 Ext.P1 proceeding of the Regional Transport Authority. The Tribunal upheld the finding of the R.T.A. and dismissed the appeal. But, the appellant filed a review petition pointing out that his offer to modify the route so as to avoid the objectionable overlapping was not considered by the S.T.A.T. The review application was considered and rejected by Ext.P4 order. The Tribunal found that except expressing his willingness to modify the route, he did not specify the modified route, so that, it could be considered whether the modified route is objectionable or not. Feeling aggrieved by Exts.P1, P3 and P4, the writ petition was filed. The learned Single Judge took the view that there is nothing wrong with the impugned orders. Aggrieved by the said judgment of the learned Single Judge, this writ appeal is filed. 2. We heard the learned counsel, Mr.G.Prabhakaran, for the appellant and the learned standing counsel for the K.S.R.T.C. We also heard the learned Government Pleader appearing for the official respondents. It is an admitted case that the route, for which permit was sought, is objectionably overlapping nationalised routes. The appellant's grievance is that his offer to W.A. No.6122/2008 3 modify the route was not considered by the R.T.A or S.T.A.T. But, it is not in dispute that there was no application for modification of the route in writing specifying the modification, so that, the authorities below could consider whether the modified proposal will offend the relevant schemes or not. In view of the above position, the learned Single Judge declined to interfere with the orders of the statutory authorities. We find no reason to take a different view. We agree with the reasons and conclusions of the learned Single Judge. In the absence of any specific proposal in writing, regarding the modification of the route, the authorities could not be blamed for not having considered his request. In the result, the writ appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps