IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 26997 of 2008(L) -------------------------- PETITIONER(S): --------------- K.MOHANAN, AGED 39, S/O.DEVAKI AMMA, KUNNATH HOUSE, NADUVATTOM, VIA. PATTAMBI. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. GOVERNMENT PLEADER SMT. R. SREELATHA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the order of the Ist respondent dated 20.11.2007. Ext.P2. True copy of the judgment in MVAA,No.899/07 dated 28.12.2007. Ext.P3. True copy of the order of the Ist respondent dated 7.3.2008. Ext.P4. True copy of the order of the Ist respondent dated 23.4.2008. Ext.P5. True copy of the judgment in MVAA.NO.323/08 dated 12.6.08. Ext.P6. True copy of the order of the Ist respondent dated 25.7.2008. Ext.P7. True copy ofhte certified copy of the report dated 4.4.08 issued on 30.8.2008. Ext.P8. True copy of the judgment in WP(c).No.18549/08 dated 26/6/2008 // true copy // P.A too Judge ANTONY DOMINIC,J. ----------------------- W.P.(C).No.26997 OF 2008 ------------------------ Dated this the 6th day of January, 2009. JUDGMENT Petitioner had applied for regular permit on the route Koppam-Pulassery, offering the stage carriage bearing registration No.KL-13/H.4190. The application was rejected and against which MVAA.No.323/08 was filed before the Tribunal. The Tribunal by Ext.P5 allowed the appeal, set aside the proceedings of the RTA and directed the RTA to grant regular permit as applied for by the petitioner subject to settlement of timings. The matter was considered by the RTA and by Ext.P6 proceedings adjourned the matter directing the petitioner to offer a vehicle with a wheel base specified therein. It is challenging the condition so imposed by the RTA that the writ petition is filed. 2. It is the settled position of law that once the STAT has directed to grant permit to the applicant, the only WP(c).No.26997/2008 /2/ course available to the RTA is to do the ministerial act of granting permit. In that process it is impermissible for the RTA to impose any conditions which will amount to modifications of the judgment rendered by the STAT itself. Therefore the condition in Ext.P6 is erroneous. Accordingly Ext.P6 will stand set aside. The RTA shall grant the permit as directed by the STAT in Ext.P5 judgment rendered in MVAA./No.323/08, subject to settlement of timings. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.26997/2008 /2/