IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 11845 of 2008(I) -------------------------------------- PETITIONER: ------------------- K. UNNIKRISHNAN, KARIMBANAKKAL HOUSE, KOTHAYUR, VANIYAMKULAM, OTTAPPALAM. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11845/2008-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE REGULAR PERMIT DTD. 06/02/2007. EXT.P.2: COPY OF THE APPLICATION FOR VARIATION WITH SKETCH DTD. 12/07/2007. EXT.P.3: COPY OF THE PROCEEDINGS DTD. 03/08/2007. EXT.P.4: COPY OF THE APPEAL MEMORANDUM IN M.V.A.A. NO. 642/2007 DTD. 15/10/2007. EXT.P.5: COPY OF THE JUDGMENT IN M.V.A.A. NO. 642/2007 DTD. 10/12/2007. EXT.P.6: COPY OF THE PROCEEDINGS DTD. 07/03/2008. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C). NO. 25264/04 DTD. 29/12/2004. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 11845 OF 2008 - I = = = = = = = = = = = = = = Dated this the 27th May, 2008. J U D G M E N T Petitioner made an application for variation of his regular permit and that was rejected by Ext. P3 giving two reasons. An appeal was filed against Ext. P3 and that appeal was disposed of by the STAT as per Ext. P5 judgment allowing the appeal and setting aside the impugned order and directing the respondents therein to grant variation sought for by the petitioner subject to settlement of timings. Accordingly, the matter went back to the RTA and the RTA passed Ext. P6 directing the Secretary to get a fresh detailed report about the curtailment, shifting of crew of the bus, efficiency of the crew, etc. and also directed that the matter will be placed before the RTA. It is challenging Ext. P6 this writ petition has been filed. 2. As already noticed, STAT by Ext. P5, a considered judgment, issued a positive direction requiring the RTA to grant variation sought for subject to settlement of timings. In view of the terms of W.P.(C) No. 11845 OF 2008 - 2 - Ext. P5 all that remains to be done is only settlement of timing and the RTA was not expected to conduct any further enquiry in this matter. However, the RTA has gone beyond its jurisdiction and called for the report as indicated in Ext. P6 which is clearly illegal and deserves to be set aside. Accordingly, quashing Ext. P6 and directing that the permit shall be granted in the manner as indicated by the STAT in Ext. P5 as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment, this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-