IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35504 of 2008(B) -------------------------- PETITIONER(S): --------------- P.V.SAJI, PULIKAYATH PUTHENPURA, MAZHUVANNOO.P.O, ERNAKULAM DIST. BY ADV. SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM. BY SC SRI.K.PRABHAKARAN GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35504/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner, an existing operator on the route Thalayolaparambu-Kaloor on the strength of a temporary permit issued under the proviso to Section 104 of the Kerala Motor Vehicles Act, sought for re- issuance of the said temporary permit. This was rejected by the Secretary, RTA, and an appeal filed against the same before the State Transport Appellate Tribunal, was allowed, but subject to a condition that the Secretary shall consider the petitioner's claim for a temporary permit, on a route which connects two intermediate points, Thiruvamkulam and Thripunithura of Ernakulam-Muvattupuzha scheme, provided a modified proposal is filed within 30 days, avoiding the sector which is in violation of the Ernakulam-Thekkady supplementation scheme. The direction issued by the Tribunal to the above extent is under challenge in the writ petition. W.P.(C).35504/2008 2 2. I heard learned counsel for the petitioner, learned Standing counsel for the K.S.R.T.C and learned Government Pleader. 3. Tribunal has referred to the judgment in W.P.(C). 28386/2008 and Connected cases, upholding the entitlement of the operators to seek temporary permits under the proviso to Section 104 of the Act where the route as such is not serviced by the K.S.R.T.C and an objection as regards the overlapping of the said route in alleged violation of the Ernakulam-Thekkady supplementation scheme, is also considered in the said judgment. The alleged contravention of the supplementation scheme was not found to be tenable in so far the re-issuance of the temporary permits are concerned. 4. In the circumstances, Ext.P5 is set aside to the extent to which the Tribunal has required the petitioner to submit a modified proposal for re-issuance of the W.P.(C).35504/2008 3 temporary permit and Secretary, RTA, shall proceed to deal with the application for re-issuance, in accordance with law and subject to the observations made herein. Writ petition is disposed of as above. V.GIRI, Judge mrcs