IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 36942 of 2010(P) -------------------- PETITIONER : --------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. BY GOVERNMENT PLEADER RESPONDENT(S): ------------------------- 1. STATE TRANSPORT APPELLATE AUTHORITY REPRESENTED BY THE SHERISTADAR, DISTRICT COURT, ERNAKULAM. 2. PRAVEEN KUMAR T., S/O. IMBICHY KUTTY, THEKKEPUTHUKUDI, POKKUNNU P.O., KOZHIKODE, PIN - 673013. R2 BY ADV. SRI.V. RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 36942 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PROCEEDINGS OF THE SECRETARY, RTA, DATED 15-12-2007. EXT.P2 : JUDGMENT DATED 26-3-2008 IN MVAA NO. 881/07 OF THE STAT, ERNAKULAM. EXT.P3 : DECISION OF RTA, KOZHIKODE DATED 11-3-08 SUPPLEMENTARY ITEM NO. 6. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36942 OF 2010 -------------------------- Dated this the 7th day of June, 2011 J U D G M E N T Ext.P2 order passed by the State Transport Appellate Tribunal, Ernakulam on 26.3.2008 whereby the Appellate Tribunal set aside the order passed by the petitioner herein on the second respondent's application for permission to replace the stage carriage operating on the route Beypore-Pantheerankave and the petitioner herein was directed to grant the permission sought by the second respondent is under challenge in this writ petition. 2. Ext.P2 order was passed on 26.3.2008. The said order was implemented pursuant to the directions issued by this Court in W.P.(C) No. 13368 of 2008 filed by the second respondent and the second respondent started operating the service with the stage carriage bearing registration No.KL-07 AL 9987, a stage carriage having 30 seats. It is not in dispute that later the said vehicle was also replaced with effect from 15.2.2010 with another vehicle. That apart, the order impugned was passed on 26.3.2008 . The instant writ petition was filed only on 8.12.2010, more than two years and eight months thereafter. There is however no explanation for the WPC No.36942/2010 2 long and inordinate delay in filing the writ petition. In such circumstances, I am of the opinion that no relief can be granted in this writ petition. In the view that I have taken, it is not necessary for me to decide whether the writ petition at the instance of the Secretary, Regional Transport Authority, Kozhikode is maintainable. The said question is left open. For the reason stated above, I hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps