IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 33925 of 2009(I) -------------------------------------- PETITIONER(S): ---------------------- SURESH J.S., SURESH BHAVAN, PUTHENKULAM P.O., BHOOTHAKULAM, KOLLAM. BY ADV. MR.STALIN PETER DAVIS RESPONDENT(S): ------------------------- THE SECRETARY, R.T.A., KOLLAM. BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33925/2009-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION OF THE VARKALA MLA REQUESTING FOR SERVICE TO SOLVE THE ACUTE SHORTAGE OF TRAVELLING DATED 22/07/2009. EXT.P2: COPY OF THE REPRESENTATION OF THE CHATHANOOR MLA DATED 11/06/2009. EXT.P3: COPY OF THE REQUEST OF THE WARD MEMBER OF ELAGAMON GRAMA PANCHAYATH DATED 23/07/2009. EXT.P4: COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL GRANTING VARIATION ON THE ILLSERVED SECTOR IN MVAA 372/09 DT. 26/10/2009. EXT.P5: COPY OF THE TEMPORARY PERMIT APPLICATION, ALONG WITH CHALAN, PROPOSED TIMINGS AND COVERING LETTER SHOWING THE TEMPORARY NEED DATED 17/11/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 33925 of 2009 - I ---------------------------------------- Dated 13th January, 2010 Judgment The petitioner is operating a stage carriage on the route Paravoor-Oyoor on the strength of a regular permit issued by the Regional Transport Authority, Kollam. He sought variation of the said permit to operate on the route Paravoor- Oonninmoodu. The said application was rejected. The petitioner thereupon filed M.V.A.A.No.561 of 2008 before the State Transport Appellate Tribunal. This appeal was allowed and the application for variation of the permit was remanded to the Regional Transport Authority for denovo consideration. The Regional Transport Authority again rejected the application for variation of the permit by order passed on 27.7.2009. The petitioner challenged the said order in M.V.A.A.No.372 of 2009. By Ext.P4 judgment delivered on 26.10.2009, the State Transport Appellate Tribunal allowed the said appeal and directed the Regional Transport Authority, Kollam to grant variation as sought by the petitioner subject to settlement of W.P.(C) No.33925/2009 2 timings. The grievance voiced by the petitioner is that though nearly three months have passed after Ext.P4 judgment was delivered and it has attained finality, a permit enabling the petitioner to operate on the route Paravoor-Oonninmoodu has not been issued. He has a further grievance that even temporary permits are not being issued to operate on the varied route. In this writ petition, the petitioner seeks a direction to the Secretary, Regional Transport Authority, Kollam to issue temporary permits enabling him to operate on the route Paravoor-Oonninmoodu. 2. Sri.K.S.Mohammed Hashim, the learned Senior Government Pleader appearing for the respondent submits that the Secretary, Regional Transport Authority, Kollam will issue a varied permit in implementation of Ext.P4 order expeditiously, after settlement of timings. He submits that as the petitioner is presently operating on the route Paravoor-Oyoor, he cannot be said to be aggrieved by the non-issuance of a temporary permit. 3. I have considered the submissions made at the Bar by W.P.(C) No.33925/2009 3 the learned counsel appearing on either side. The respondent does not dispute the entitlement of the petitioner for the issue of a permit enabling him to operate on the route Paravoor- Oonninmoodu. The explanation offered by the respondent for the delay in issuing the permit is that timings will have to be settled with notice to the other operators already operating on the route Paravoor-Oonninmoodu or portions thereof. As the petitioner is already operating on the route Paravoor-Oyoor, I am of the opinion that it cannot be said that the petitioner is seriously prejudiced by the delay in issue of the revised permit. Since the petitioner is already operating on the route Paravoor-Oyoor, I also find no reason why a temporary permit should be issued to operate on the varied route. I accordingly dispose of this writ petition with a direction to the Regional Transport Authority, Kollam to pass orders granting a permit to the petitioner to operate on the route Paravoor-Oonninmoodu in implementation of Ext.P4 order expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this W.P.(C) No.33925/2009 4 judgment before the Secretary, Regional Transport Authority, Kollam. The Secretary, Regional Transport Authority, Kollam shall thereupon issue a revised permit to the petitioner after settlement of timings within another month thereafter. Till such time, it will be open to the petitioner to operate on the existing route with the existing set of timings. P.N.RAVINDRAN Judge vaa