IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 11309 of 2009(G) ----------------------------------------- PETITIONER(S): -------------------------- T.K.RAGHAVAN, SOUPARNIKA, P.O.MAMBARAM, THALASSERY. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR. R2 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11309/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 26/09/2007 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE JUDGMENT DTD. 26/03/2008 IN M.V.A.A.NO.635/2007 PASSED BY THE S.T.A.T. P3: COPY OF THE ORDER NO.C1/58044/07 DTD. 29/05/2008 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF THE JUDGMENT DTD. 10/11/2008 IN WPC.NO.24250/2008. P5: COPY OF THE ORDER NO.C1/58044/07 DTD. 20/02/2009 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.11309 of 2009 ---------------------------------------- Dated this the 24th day of August, 2009. JUDGMENT The petitioner operates a stage carriage on the route Thalassery-Parat. He applied for a variation of the permit which was rejected under Ext.P1 order dated 29.6.09. An appeal was preferred before the State Transport Appellate Tribunal which was allowed as per Ext.P2 and the Regional Transport Authority was directed to consider the variation sought for. Pursuant thereto, the Regional Transport Authority considered the matter and rejected the application. This has been challenged in this writ petition. 2. I heard learned Government Pleader also. 3. The Regional Transport Authority has no authority to question the jurisdiction of the appellate authority. Ext.P3 was challenged in WPC No.24250/09. This court directed that the direction W.P.(C).No.11309 of 2009 :: 2 :: of the State Transport Appellate Tribunal to be implemented. The matter was again taken up before the Regional Transport Authority and as evidenced by Ext.P5 it was decided as follows: “Heard. Perused the judgment in WP(C) No.24250/08(J) of the Hon'ble High Court. The order of the Hon'ble High Court is against the decision of RTA dt. 29.5.2008. Where the RTA directed the applicant to propose variation avoiding additional trip from Thalassery to Mambaram and without change in the halting place. The order of the STAT dt. 26.3.2008 is to grant variation sought by the applicant is subject to the settlement of timings. But the Govt. of Kerala vide notification No.6122/08Tran dated 15.09.2008 restricted the issue or additional trip in the notified route portion thereof. Hence this item was again placed in the RTA, dt. 18.8.2008 vide item No.31 and rejected the proposal since the route portion is lying in the notified route. Hence the direction of the Hon'ble High Court has already been complied by this authority.” 4. Ext.P4 judgment has become final and it is not for the Regional Transport Authority to decide W.P.(C).No.11309 of 2009 :: 3 :: whether the direction issued by the State Transport Appellate Tribunal requires a variation. The manner in which the Regional Transport Authority has proceeded to take a decision on 20.2.2009 would have justified a further detailed enquiry by this court. But the learned Government Pleader submits that the direction in Ext.P2 shall be complied with in the meeting of the Regional Transport Authority scheduled to be conducted on 24.9.2009. It is made clear that this indulgence is shown only on the submission made by th learned Government Pleader. Submission is recorded and the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge