IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30594 of 2008(P) -------------------------- PETITIONER(S): --------------- T.P.MOHAMMEDKUTTY, WESTAR CLASSIC, PULAMANTHOLE.P.O, PERINTHALMANNA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GP SRI.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30594/2008 -------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioner operates a regular stage carriage on the route Palakkad - Kadmpuzha. While so, petitioner sought for variation of the conditions of the permit. This, though rejected under Ext.P3 by the RTA, was challenged by the petitioner in appeal before the Tribunal. Tribunal directed the variation to be accepted subject to settlement of timings as per Ext.P4 judgment. Grievance of the petitioner is the non- implementation of the directions of the STAT by the RTA. Hence the writ petition. 2. RTA is bound by the decision taken by its appellate authority. It cannot therefore, either defer implementation of the judgment or find out other reasons to dilute the binding effect of the directions issued by its appellate authority. RTA would be well advised to consider the stringent observations made by this Court in the judgment in Writ Petition No.25264/2004 produced as Ext.P6 along with this writ W.P.(C).30594/2008 2 petition. I find from Ext.P7, that the RTA has also issued a direction to the Secretary, RTA, to ascertain whether the curtailment of trip will adversely affect the travelling facility of the school students. In other words, RTA seems to be considering the possibility of dealing with the application for variation of the conditions of the permit, otherwise than in the manner directed by the STAT under Ext.P4 judgment. RTA is not entitled to do so. 3. Having heard learned Government Pleader also, writ petition is disposed of directing the respondent to proceed to take further steps pursuant to Ext.P4 judgment of the STAT and issue a varied permit as directed therein and further proceed to direct the Secretary, RTA to settle the timings within a time frame. This shall be done as early as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs