IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35228 of 2009(W) -------------------------- PETITIONER(S): --------------- SAKEER HUSSAIN, S/O.S.A.WAHAB, MEHBOOB MANZIL, ANANGOOR, VIDYANAGAR P.O., KASARAGOD DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD, REP. BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 35228 of 2009 ================== Dated this the 8th day of December, 2009 J U D G M E N T The petitioner applied for a regular permit. The application was rejected. The petitioner filed M.V.A.A.No.300/2009. The Tribunal allowed the appeal and directed the RTA to grant permit. In compliance with that direction, by Ext.P5 order, the RTA granted permit. In that order, the RTA also directed its Secretary to take steps to file appeal/revision against the order of the STAT. The petitioner is aggrieved by that part of Ext.P5 order, whereby the RTA directs the Secretary to take steps to file appeal/revision against the order of the Tribunal. I am not satisfied that the petitioner can validly challenge that action. If the RTA feels that the Tribunal's order is wrong, it has a duty to bring that fact to the attention of the Government, so that the Government can take a decision whether to challenge the order of the Tribunal or not. Of course, ideally the RTA could have done it by an inter-office memo. But, simply because it has been included in Ext.P5 order, it cannot be said that the petitioner can challenge the same. The petitioner would get an opportunity to contest the matter as and when the Government challenges the order of the Tribunal appropriately. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2