IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4673 of 2009(F) ------------------------- PETITIONER(S): --------------- HAMEEDKUNJU, S/O.ALIYARUKUNNU HARISA MANZIL, PADINJATTINKARA, THEVALAKKARA. BY ADV. MR.K.V.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT AUTHORITY, KOLLAM. REP. BY THE SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY KOLLAM. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.4673 of 2009 --------------------------------- Dated, this the 12th day of February, 2009 J U D G M E N T Application made by the petitioner for a regular permit for operating on the route Mundukottakkal - Kottamkulangara Temple (via) Vallikavu, Karunagappally, Kollaka, Chennankara, Savitha Junction and Kottukadu was rejected by the RTA as per Ext.P1 proceedings. Against the order of rejection, the petitioner filed appeal as MVAA No.633/2007. The appeal was disposed of by Ext.P2 judgment setting aside Ext.P1 and directing the 1st respondent to grant regular permit as applied for by the petitioner subject to settlement of timings. The matter went back to the 1st respondent and the 1st respondent considered the petitioner's request on 29/04/2008, and on that day the 1st respondent passed the following decision:- “As per the draft Notification scheduled No.04 of No.12951/B1/2001/Tran. Dated 09/05/2007 “In the private sector, permits, regular and temporary existed on or prior to 18/04/2007 along will continue as such. Fresh permit will be given to the State Transport Undertaking only.” In this case a portion of 2.4 kms from Karunagappally WP(C) No.4673/2009 -2- High School Junction to Kollaka Pallimukku objectionably overlaps Thiruvananthapuram-Palakkadu Notified scheme (Notification No.25275/B/66/PW dated 26/08/1966) and Thiruvananthapuram - Kannur Notified scheme (Notification No.18118/TB3/66/PW dated 11/8/1966) vide draft Notification No.12951/B1/2001/Tran dated 09/05/2007. Hence the Regional Transport Authority cannot grant the permit as ordered by the Hon'ble State Transport Appellate Tribunal, Ernakulam. Secretary, Regional Transport Authority to bring the fact before the notice of the Hon'ble State Transport Appellate Tribunal, Ernakulam. Adjourned.” A reading of Ext.P3 quoted above would show that the 1st respondent has taken a view that the permit cannot be granted for the reasons stated therein. 2. It is to be noticed that it is on the same reasoning that by Ext.P1, initially the permit was rejected. That was set aside by the Tribunal and the Tribunal directed grant of permit as per Ext.P2. Once the Tribunal has rendered a judgment directing grant of permit, all that the RTA has to do is ministerial act of granting the permit, and the RTA cannot sit in judgment over the Tribunal's Judgment or do anything overreaching the judgment rendered by the Tribunal. Therefore, the stand taken by the RTA in Ext.P3 is WP(C) No.4673/2009 -3- totally unacceptable and is, accordingly, set aside. 3. The RTA is directed to implement Ext.P2 judgment as directed by the STAT, in its true letter and spirit. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg