IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18161 of 2008(K) -------------------------- PETITIONER: ------------ RADHAKRISHAN, PUTHENPURACKAL HOUSE NJARAKKAL PO., NAYARAMBALAM ERNAKULAM BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM, REP. BY ITS SECRETARY 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLAM 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM BY GOVT. PLEADER SRI P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 18161 of 2008 -------------------------------------------------------- Dated: JUNE 18, 2008 JUDGMENT Ext.P1 is the proceedings of the RTA by which a permit granted in favour of the petitioner was revoked. That order was challenged before the STAT in an appeal filed by the petitioner. The appeal was disposed of by Ext.P2 judgment on the ground that Ext.P1 did not contain any reasons. On that basis the case was remanded for fresh consideration. 2. The RTA reconsidered the matter and by Ext.P3, the grant was revoked on the basis that the current records were not produced by the petitioner within the time. An appeal was carried to the STAT and the appeal was also dismissed by Ext.P5. A reading of Ext.P5 shows that the current records were not produced within the time. 3. Since Rule 173 of the Kerala Motor Vehicles Rules is referred in both Ext.P3 order of the RTA and Ext.P5 judgment of the STAT, it is contended that the said Rule has relevance only for renewal of permit. However, the fact remains that Rule 159 of the KMV Rules also provides time limit for production of WP(C) 18161/08 2 current records in the case of grant as well. Therefore, for the only reason that an erroneous rule is quoted, the order will not get invalidated. I see no justification to take a view different from that contained in Exts.P3 and P5. The writ petition is dismissed. ANTONY DOMINIC JUDGE mt/-