IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 7282 of 2007(P) ------------------------- PETITIONER: ------------ AJEESH THANKACHAN, AJEESH VILLA, SOORANADU P.O., KOLLAM. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENTS: ------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA. 2. SRI.K.R.SIVAN, SECRETRY,RTA(REGIONAL TRANSPORT OFFICE) PATHNAMTHITTA. (IMPLEADED SUO MOTU AS ADDITIONAL R2 AS PER ORDER DATED 8.3.2007) R1 BY GOVT. PLEADER SRI. K.V. MANOJKUMAR ADDL.R2.BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA FOR ADDL.R2. SRI.S.A.ANAND FOR ADDL.R2. SRI.PETER JOSE CHRISTO FOR ADDL.R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7282 of 2007(P) APPENDIX PETITIONER'S EXIBITS- P1 True copy of the proceedings of the R.T.A., Pathanamthitta granting regular permit to the petitioner dated 31/10/2005. P2 True copy of the proceedings of the R.T.A., Pathanamthitta, granting regular permit in item No.3 dt. 31.10.2005. P3 - true copy of the proceedings of the STAT in MVAA 73/2006 dt. 2.11.2006. P4 - true copy of the proceedings of the RTA, Pathanamthitta dt. 8.12.2006. P5 - true copy of the order of the STAT in MVAA 66/07 dated 5.2.2007. P6 - true copy of the representation submitted by the petitioner before the respondent dated 8.2.2007. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 7282 of 2007 ------------------------------------- Dated: MAY 22, 2008 JUDGMENT This writ petition was filed praying for a direction to the respondent to issue regular permit to the petitioner on the route Kollam - Angamoozhy in respect of stage carriage KL-05/N 9108 in compliance with the judgment of the STAT in MVAA 66/2007 as clarified by it in Ext.P5 order. It was the complaint of the petitioner that issue of the permit as ordered in the aforesaid judgment was inordinately delayed by the respondent and hence the petitioner approached this court. By order dated 8th March 2007 this court directed the respondent to issue the permit granted as per Ext.P1 with LSOS facility in the light of Ext.P5 within two weeks. It is now submitted by the counsel for the petitioner that the permit has since been granted. Therefore, as far as the petitioner is concerned, his grievance stands redressed. 2. By the order passed by this court on 8th March, 2007, this court impleaded the then Secretary, RTA, as additional respondent in the writ petition in his personal capacity proposing to pass WP(C) 7282/07 Page numbers adverse orders against him. What prompted this court to pass the said order was the obnoxious manner in which instruction was furnished by him to the learned Government Pleader for making the submission before this court. Accordingly the additional respondent was impleaded and he has filed his counter affidavit. 3. In the counter affidavit, though he has justified what he has done, when the matter was taken up, the counsel could not impress upon this court that what he has done was justified. Thereupon the counsel fairly expressed regret in the conduct of the party concerned and pleaded that he be exonerated as otherwise any action that may be taken against him might result in adverse consequences in his career. 4. In view of the fact that on behalf of the additional respondent, genuine regret has been expressed before this court, I think that, though his conduct cannot be justified, the matter need not be pursued further. Writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE mt/-