IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27792 of 2011(Y) ---------------------------------- MVARP.185/2011 of S.T.A.TRIBUNAL,ERNAKULAM .................... PETITIONER(S): ------------------- VIJAYALAKSHMI, W/O.SASIDHARAN, THALAPILLY HOUSE, PUTHENCHIRA P.O., THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------- 1. THE REGIONAL TANSPORT AUTHORITY, ERNAKULAM-682 030. 2. THE SECRETARY, REGIONAL TANSPORT AUTHORITY,ERNAKULAM-682 030. BY GOVT. PLEADER SRI.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.27792/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER IN MOTOR VEHICLE ACT REVISION PETITION NO.185/2011 DATED 22/06/2011. P2: COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL)NO.14054/2011 DATED 25/05/2011. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 27792 of 2011 ------------------------------- Dated this the 20th 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 Chottanikkara – Guruvayoor on the strength of a regular permit. She applied for variation of the permit by curtailing a sector so as to facilitate the petitioner to operate the service from Koonammavu to Kunnumpuram via Pathalam. On receipt of the said application, the Regional Transport Authority, Thrissur sought the concurrence of the Regional Transport Authority, Ernakulam. By order passed on 7.5.2011, the Regional Transport Authority, Ernakulam declined to grant concurrence. Aggrieved thereby, the petitioner filed a revision petition before the State Transport Appellate Tribunal. By Ext.P1 order passed on 22.6.2011, the State Transport Appellate Tribunal allowed the revision, set aside the order passed by the Regional Transport Authority, Ernakulam and directed the Regional Transport Authority, Ernakulam to grant the concurrence sought, leaving open the question regarding the curtailment to be decided by the primary authority. In this writ petition, the petitioner seeks a direction to the respondents to comply with Ext.P1 order passed by the State Transport Appellate Tribunal and W.P.(C) No.27792 of 2011 2 to grant the concurrence sought by Regional Transport Authority, Thrissur. 2. I heard Sri I Dinesh Menon, the learned counsel appearing for the petitioner and Sri G.Gopakumar, the learned Government Pleader appearing for the respondents. Shorn of details, the grievance voiced by the petitioner is that notwithstanding the directions issued by the State Transport Appellate Tribunal in Ext.P1 order, the Regional Transport Authority, Ernakulam has not yet granted concurrence, as a result of which, consideration of the petitioner's application for variation of the permit by the primary authority, viz, Regional Transport Authority, Thrissur is being delayed. Ext.P1 order passed by the State Transport Appellate Tribunal discloses that the State Transport Authority has set aside the order passed by the Regional Transport Authority, Ernakulam declining to grant the concurrence sought by the Regional Transport Authority, Thrissur and has directed grant of concurrence. In such circumstances, I dispose of the writ petition with a direction to the first respondent to grant the concurrence sought by Regional Transport Authority, Thrissur on the petitioner's application for variation of the permit in terms of the direction issued by State Transport Appellate Tribunal in Ext.P1 order expeditiously, and in any W.P.(C) No.27792 of 2011 3 event, within two weeks from the date on which the petitioner produces a certified copy of this judgment before the first respondent. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.27792 of 2011 JUDGMENT Dated:- 20th October, 2011 --------------------------------------