IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 30873 of 2008(A) -------------------------- PETITIONER: --------------- K.K.JOSE, KAITHARAM HOUSE, CHERAI. BY ADV. SRI.G.PRABHAKARAN RESPONDENT: --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. BY GOVT. PLEADER SRI. P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30873/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE REGULAR PERMIT DT. 27.9.93 EXT.P2. COPY OF THE R.C. BOOK SC VEHICLE KL-7/AQ 1085 EXT.P3. COPY OF THE ENDORSEMENT SC KL-7/AQ 1085 EXT.P4. COPY OF THE JUDGMENT DATED 7.9.08 IN M.V.A.A. 547/2008 /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30873 OF 2008 -------------------------- Dated this the 13th day of January, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage bearing registration No.KL 7AQ 1085 on the route Munambam-Kodungalloor via Cherai, Parur, Moothakunnam on the strength of Ext.P1 permit. Ext.P1 permit was issued on 27.9.1993 and was being periodically renewed. The last of the renewals was valid up to 26.9.2008. Even before the expiry of the permit, the petitioner applied for renewal thereof. The Secretary, Regional Transport Authority, Ernakulam considered the said application at its meeting held on 24.9.2008 and decided to renew Ext.P1 permit subject to the condition that the vehicle should be replaced by a vehicle having a wheel base of not less than 510 cms on or before 18.7.2010. In this writ petition, the petitioner challenges the said stipulation in Ext.P3. Relying on the decision of the State Transport Appellate Tribunal, evidenced by Ext.P4, it is contended that such a stipulation which was incorporated pursuant to the decision taken by the Regional Transport Authority, Ernakulam at its meeting held on 19.7.2008 was found to be unsustainable by the Tribunal and WPC No.30873/2008 2 therefore, the stipulation that the petitioner should replace the vehicle with a vehicle having a wheel base of not less than 510 cms on or before 18.7.2010 is liable to be set aside. 2. I heard Sri. G.Prabhakaran, learned counsel appearing for the petitioner and Sri. P.M.Manoj, learned Government Pleader appearing for the respondent. It is evident from the pleadings and the materials on record that the stipulation in Ex.P3 that the petitioner should replace the vehicle with a vehicle having a wheel base of not less than 510 cms was incorporated pursuant to another decision taken by the Secretary, Regional Transport Authority, Ernakulam on 19.7.2008. A Division Bench of this Court has in W.A. No.2056 of 2003 held that the Regional Transport Authority has no authority to restrict the use of a vehicle as a stage carriage service. Following the said Division Bench judgment, the State Transport Appellate Authority has in identical circumstances set aside the order of the Regional Transport Authority. In such circumstances, it has to be necessarily held that the direction issued by the respondent to the petitioner to replace the existing vehicle bearing registration No.KL 7AQ 1085 with a vehicle having a wheel base of not less than 510 cms on or before 18.7.2010 cannot be sustained. WPC No.30873/2008 3 In the result, I allow the writ petition and quash the direction issued by the respondent while renewing Ext.P1 permit for the period from 27.9.2008 to 26.8.2011 that the petitioner shall replace the existing vehicle with a vehicle having a wheel base of not less than 510 cms. P.N.RAVINDRAN, (JUDGE) vps WPC No.30873/2008 4 WPC No.30873/2008 5