IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29693 of 2011(J) ------------------------------------- PETITIONER(S): --------------------- K.S.SANTHOSH, KAKKOCHIRAPUTHENPURA, PERUMBALLOOR, MUVATTUPUZHA. BY ADV. SRI.P.DEEPAK RESPONDENT(S): ------------------------- THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA – 686 661. BY GOVT.PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29693/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF ORDER OF RESPONDENT DATED 6-8-2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 29693 of 2011 ----------------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT The petitioner applied for a fresh regular permit to operate a stage carriage on the route Ayavana - Koothattukulam via. Randar, Kavumkara, Muvattupuzha, Arakuzha, Pandapilly, Palkuzha and Kozhippilly. The Regional Transport Authority, Muvattupuzha that met on 6.8.2011 considered the said application. On noticing that the sector from Muvattupzha - Ayavana is not adequately served and the proposal is to operate only one trip from Ayavana to Muvattupuzha, the Regional Transport Authority adjourned the application with a direction to the petitioner to propose more trips on that portion of the route. The petitioner contends that sub-section (1) of section 72 of the Motor Vehicles Act empowers the Regional Transport Authority to grant the permit in accordance with the application or with such modification as it deems fit or refuse to grant the permit and therefore, it ought to have considered the application on the merits and passed appropriate orders thereon either WP(C)No. 29693 of 2011 -2- granting the permit in accordance with the application or with such modification as it deems fit instead of directing the petitioner to propose more trips on a portion of the route. It is contended that the petitioner has a right of appeal to the State Transport Authority and that right cannot be defeated by directing him to modify the proposal. In this writ petition the petitioner challenges Ext.P1 and seeks a direction to the respondent to pass final orders on his application for the grant of a permit untrammeled by the findings and observations in Ext.P1. The respondent has been served and has entered appearance through the learned Government Pleader. Sri.G.Gopakumar, the learned Government Pleader appearing for the respondent submitted that the Regional Transport Authority will consider the petitioner's application on the merits and take an appropriate decision at its next meeting. I accordingly dispose of the writ petition with a direction to the respondent to consider the petitioner's application which was the subject matter of Ext.P1 at its next meeting and pass appropriate orders thereon, in accordance with law WP(C)No. 29693 of 2011 -3- untrammeled by the directions in Ext.P1 and communicate it to the petitioner expeditiously thereafter. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge