IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25295 of 2008(J) -------------------------- PETITIONER: ------------ N.P.MOIDEEN, S/O.AMMEDKUTTY HAJI, NHEREPOYIL HOUSE, UNNIKULAM P.O., POONOOR. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS: ------------- 1. REGIONAL TRANSPORT AUTHORITY, VATAKARA, KOZHIKKODE DISTRICT. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, KOZHIKKODE DISTRICT. BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 25295 OF 2008 J = = = = = = = = = = = = = = = = = Dated this the 26th day of August 2008 J U D G M E N T Petitioner had made an application for a regular permit and that was rejected by the RTA. The appeal filed by him was also dismissed. Thereupon, he filed a writ petition before this Court as W.P.(C) No. 37592/07 which was disposed of by Ext. P1 judgment directing that the petitioner be given an opportunity to file an application for a modified route and the R.T.A. to consider the matter afresh. Accordingly, the petitioner submitted Exts. P2 and P3 modified proposal before the RTA which was considered and rejected by Ext. P4 proceedings, mainly relying on clauses 4 and 19 of the Scheme Notification dated 6.5.2008. It is challenging Ext. P4 this writ petition has been filed. 2. Counsel for the petitioner contends that by judgment in Vijayan P.K. & Others v. The Govt. of Kerala {2008(2) KLJ 934} this Court has already set aside clauses 4 and 19 of the Scheme W.P.(C) No. 25295 OF 2008 -2- Notification of 6.5.2008 and therefore Ext. P4 is liable to be interfered with. I am inclined to agree with the learned counsel for the petitioner that the contention is unassailable. 3. In view of this Ext. P4 will stand quashed and the 1st respondent shall reconsider the petitioner's application for regular permit, in the light of Exts. P2 and P3. This shall be done as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-