IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26834 of 2011(D) --------------------------------------- PETITIONER(S): --------------- K.K.HAMZA, KARUKAPARAMBIL HOUSE, RAJULA MANZIL P.O, MATHILAKOM,THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ---------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001. 2. THE SECTETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR.680 001. R1 & R2 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26834/2011 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE JUDGMENT IN MVARP NO.117/2011 DTD.18.04.2011 EXT.P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.14053/2011 DTD.25.05.2011 EXT.P4 TRUE COPY OF THE PROCEEDINGS DTD. 2.07.2011 EXT.P5 TRUE COPY OF THE LIST OF STOPS DTD. 15.09.2010 RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26834 of 2011 ------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Ernakulam – Guruvayur on the strength of a regular permit. He applied for a variation of the permit by curtailing the sector from Koonammavu to Kunnumpuram via Pathalam. On receipt of the said application, the Regional Transport Authority, Thrissur, the primary authority, sought the concurrence of the Regional Transport Authority, Ernakulam which by order passed on 19.11.2010 declined to grant the concurrence. The petitioner thereupon filed a revision petition before the State Transport Appellate Tribunal, Ernakulam. By Ext.P2 order passed on 18.4.2011, the State Transport Appellate Tribunal allowed the revision petition, set aside the impugned order and directed the Regional Transport Authority, Ernakulam to grant concurrence. It was observed that it is for the primary authority to consider whether the curtailment sought should be granted. Even thereafter, when the Regional Transport Authority did not grant concurrence, the petitioner filed W.P.(C) No.14053 of 2011 in this Court and by Ext.P3 judgment delivered on 25.5.2011, this Court directed the Regional Transport Authority, Ernakulam to W.P.(C) No.26834 of 2011 2 grant the concurrence sought by the Regional Transport Authority, Thrissur within two weeks from the date of production of a copy of the judgment. Pursuant thereto, the Regional Transport Authority, Ernakulam granted concurrence by Ext.P4 order passed on 2.7.2011. This writ petition is filed contending that though more than three months have passed thereafter, the Regional Transport Authority, Thrissur has not yet passed final orders on the application for variation of the permit. In this writ petition, the petitioner seeks a direction to the Regional Transport Authority, Thrissur to pass final orders on his application for variation of the permit within a time limit to be fixed by this Court. 2. When the writ petition was taken up for admission- hearing today, Sri.G.Gopakumar, learned Government Pleader submitted on instructions that as the Regional Transport Authority, Ernakulam has granted concurrence, the Regional Transport Authority, Thrissur will consider the petitioner's application for variation of the permit and take an appropriate decision thereon expeditiously. In the light of the said submission and having regard to the fact that more than three months have passed after the Regional Transport Authority, Ernakulam granted concurrence, I dispose of the W.P.(C) No.26834 of 2011 3 writ petition with a direction to the first respondent to take a final decision on the application of the petitioner for variation of the permit expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the first respondent. It will be open to the Regional Transport Authority, Thrissur to take a decision on the application by circulation as provided in rule 130 of the Kerala Motor Vehicle Rules, if the said authority is of the opinion that the petitioner need not be heard for the purpose of considering his application. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.26834 of 2011 JUDGMENT Dated:- 12th October, 2011 --------------------------------------