IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 32490 of 2011(I) ------------------------------------ PETITIONER: MISHAL.V.K., VATTAKANDATHIL HOUSE, VALIYAPARAMBA, KODUVALLY, KOZHIKODE. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENTS: 1. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA REP. BY ITS SECRETARY, PIN-673 101. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, PIN-673 101. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 32490/2011 EXT. P1 TRUE COPY OF THE VARIATION APPLICATION SUBMITTED BY THE PETITIONER DT. 21.7.2011 /TRUE COPY/ P.N.Ravindran, J. ------------------------------------------- W.P.(C)No.32490 of 2011 I ------------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT The petitioner is a stage carriage operator, operating a stage carriage service on the route Poozhithode-Kozhikode- Kakkayam on the strength of a regular permit. He applied for a variation of the permit by submitting Exhibit P1 application dated 21.07.2011. It is stated that though the application was taken up for consideration on 02.09.2011, it was adjourned with a direction to the second respondent to furnish a report. This writ petition is filed seeking a direction to the first respondent to pass final orders on Exhibit P1 application within a time limit to be fixed by this Court. 2. Sri.G.Gopakumar, learned Government Pleader, on instructions submitted that when the application for variation was taken up for consideration on 02.09.2011, there was stiff opposition from the other stage carriage operators and therefore, a report was called for from the Joint Regional WPC 32490/2011 2 Transport Officer, Koyilandy. He also submitted that as soon as the report is received, Exhibit P1 application will be considered and orders passed thereon. 3. Exhibit P1 application dated 21.07.2011 was placed for consideration of the Regional Transport Authority at its meeting held on 02.09.2011. Nearly two months have passed thereafter. The only variation sought for by the petitioner is a deviation in respect of one trip and a change of the halting place. Such being the situation, I am of the opinion that the Regional Transport Authority should consider Exhibit P1 and take an appropriate decision thereon after receipt of the report from the Joint Regional Transport Officer, Koyilandy. I accordingly dispose of the writ petition with the following directions: The Joint Regional Transport Officer, Koyilandy shall, within two weeks from the date on which the petitioner produces a certified copy of this judgment before him along with a copy of the writ petition, complete in all aspects, forward a report in the matter of the application submitted by the petitioner for WPC 32490/2011 3 variation of the permit. The Regional Transport Authority shall upon receipt of the said report take up Exhibit P1 application for consideration at its next meeting. Orders on Exhibit P1 shall be passed expeditiously and in any event, within one month from the date on which the report of the Joint Regional Transport Officer is received. (P.N.Ravindran, Judge) tkv