IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 23268 of 2008(T) -------------------------- PETITIONER(S): --------------- JAYACHANDRA BABU, RAJASREE, KRISHNA NAGAR, PEROORKKADA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23268 of 2008 APPENDIX EXHIBITS EXT.P1- ROUGH SKETCH OF HTE ROUTE EXT.P2- TRUE COPY OF HTE PROCEEDINGS OF THE FIRST RESPONDENT DATED 26.3.02 EXT.P3- TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 16.6.06 EXT.P4- TRUE COPY OF THE JUDGMENT OF THE STAT EKM, IN MVAA NO.265 OF 2006 DATED 4.10.06 EXT.P5- TRUE COPY OF THE PROCEEDINGS OF HTE FIRST RESPONDENT DTED 11.12.06 EXT.P6- TRUE COPY OF THE APPEAL MEMORANDUM AS MVAA NO.608 OF 2007 DATED 27.9.07 EXT.P7- TRUE COPY OF THE JUDGMENT OF HTE STAT, EKM IN MVAA NO.826 OF 2001 DATED 25.1.02 EXT.P8- TRUE COPY OF THE JUDGMENT OF THE STAT EKM, IN MVAA NO.608 OF 2007 DATED 21.6.08 (TRUE COPY) P.A. TO JUDGE V.GIRI, J ------------------- W.P.(C).23268/2008 -------------------- Dated this the 13th day of October, 2008 JUDGMENT Petitioner is the holder of regular permit to operate city service on the route Vazhayila-Medical College via Peroorkada, Vellayambalam etc. Petitioner sought for extension of route from Palayam to East Fort enabling operation of the service touching East Fort as well. First respondent considered the petitioner’s request and rejected the same as per Ext.P2. Petitioner filed an appeal and by Ext.P4, STAT remanded the matter for fresh consideration. By Ext.P5, first respondent again rejected the application and Ext.P6 appeal memorandum was filed before the STAT. Petitioner also relied on Ext.P7 judgment by the Tribunal whereby the petitioner therein was granted variation in respect of the service in the opposite direction. By Ext.P8, Tribunal remanded the matter for fresh consideration. Same has been challenged in this writ petition. W.P.(C).23268/2008 2 2. I heard learned Government Pleader also. The powers of the Tribunal are obviously coterminous with that of the regional authority and files should have been made available to the STAT. Learned Government Pleader submits that files were actually made available on 7.11.2007 and at any rate, it can again be made available if the matter is directed to be considered by the STAT. 3. In the result, writ petition is allowed in part. Ext.P8 is set aside to the extent to which the matter has been remanded to the first respondent. M.V.A.A. 608/2007 is restored to file. STAT, Ernakulam, shall proceed to dispose of the appeal on merits, after calling for the files from the first respondent. Orders shall be passed as early as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge W.P.(C).23268/2008 3 mrcs