IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WA.No. 2404 of 2006() --------------------- AGAINST THE JUDGEMENT IN WPC.33250/2004 Dated 17/08/2006 .................... APPELLANT(S): -------------- S.RAGHAVAN, S.R.MOTORS, S.R.BUILDING, VARKALA. BY ADV. SRI.STALIN PETER DAVIS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM (RURAL). 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., THIRUVANANTHAPURAM(RURAL). 3. THE STATE TRASPORT APPELLATE TRIBUNAL, ERNAKULAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. GOVERNMENT PLEADER SMT.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.2404/2006 -------------------------------- Dated this 26th day of February, 2009 JUDGMENT Koshy (Ag.C.J.) By Ext.P4 order, the STAT, Eranakulam, allowed the revision petition filed by the Kerala State Road Transport Corporation and the permit allotted to the writ petitioner was rejected. But it is stated that the concurrence was given as per the decision taken by the first respondent in Ext.P1 holding that there is an overlapping in the three intermediate points on the route. It is submitted that the writ petitioner was operating on the route from 1958 onwards. It is further submitted that other private operators are operating on the same route and there are no alternate routes. It is very difficult for the traveling public as the KSRTC is not operating sufficient stage carriages. Other private buses are being operated in the same route. In the circumstances, we set aside Ext.P1 and direct the W.A.2404/2006 2 Tribunal to re-consider the matter and pass fresh orders after hearing all the parties. Writ appeal is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs