IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 RP.No. 1236 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.31065/2008 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- THE MANAGING DIRECTOR M/S.CONFRATE CARGO SERVICES ,PRIVATE LIMITED. BY ADV. SRI.P.GOPALAKRISHNA MENON RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT AUTHORITY ERNAKULAM. REP BY SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, EKM 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, EKM BY GP SMT.SUDHA DEVI THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- R.P.1236/2008 in W.P.(C).31065/2008 -------------------- Dated this the 19th day of November, 2008 ORDER The only aspect highlighted in the Review Petition is the absence of observation in the judgment to the effect that any application filed by the petitioner for compounding the offence shall also be duly considered by the RTA, pursuant to the remand effected by the STAT. Obviously, since under Section 86(5) of the Kerala Motor Vehicles Act read with Rule 186 of the Rules framed thereunder, there is a power available to the original authority to compound the offence arising from the overloading of the vehicle, first respondent shall consider the request made by the petitioner for compounding of such an offence, in the course of passing orders pursuant to the order of remand made by the STAT. Subject to the above clarification, review petition is disposed of. V.GIRI, Judge mrcs