IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 OP.No. 15295 of 2003(U) --------------------------------- PETITIONER(S): ---------------------- M. RAMACHANDRAN, S/O. KUNJU NAIR, KIZHAKKEPATTU HOUSE, PANG (SOUTH), (VIA) KOLATHUR, MALAPPURAM DISTRICT. BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.T.K. VIPIN DAS. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 15295/2003-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 04/10/2002 IN O.P. NO. 28618/2002-F OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE DECISION OF THE R.T.A. MALAPPURAM HELD ON 27/12/2002 VIDE ITEM NO.17. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. V.K.MOHANAN, J. ---------------------------------------- O.P.. No.15295 OF 2003 ---------------------------------------- Dated, 12th day of June, 2009 JUDGMENT The petitioner, who is an applicant for regular permit for his vehicle bearing No.KL 10/F 9183, approached this Court with a prayer to quash Ext.P2. 2. According to the petitioner, on 12.6.2002, he had applied for regular stage carriage permit on the route Irimbiliam - Karakkad as ordinary service. As the request was not considered, he approached this Court by filing Writ petition as O.P.No.28618 of 2002. Ext.P1 is the judgment thereon. By the said judgment, the respondents were directed to pass orders within six weeks from the date of receipt of a copy of the judgment. Accordingly, the respondents have issued Ext.P2 order. It is the above order under challenge. 3. On a perusal of the above order, it can be seen that the respondents have rejected the request of the petitioner by assigning cogent reasons. Admittedly, the O.P.No.15295/03 -:2:- petitioner's vehicle is a four wheeler. According to the authority, who are familiar with the geographical lie of Malappuram District, has specifically found that most of the parts of Malappuram District are hilly areas, the roads have sharp curves and steep gradients. Four-wheeled stage carriage is unsuitable to the route. It is specifically stated that Four-wheeled stage carriages have lesser stability than that of six wheeled vehicles, since six wheeled vehicles have twin tyres on the rear axle. The reasons given in Ext.P2 appears to be correct and acceptable. In the result, there is no merit in the original petition and accordingly the same is dismissed. V.K.MOHANAN, JUDGE kvm/- O.P.No.15295/03 -:3:- V.K.MOHANAN, J. O.P.No.15295 of 2003 JUDGMENT Dated:.12.6.2009.