IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15217 of 2011(B) -------------------------- PETITIONER: --------------- N.O.GEORGE, NELLIKATTIL HOUSE, RAMALLOOR P.O., KOTHAMANGALAM. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 686 661. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, PIN - 686 661. BY SRI. BASANT BALAJI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma WP(C).No. 15217 of 2011(B) APPENDIX Petitioners Exhibits: Ext.P1: True copy of the application submitted by the petitioner for variation of permit dated 16.2.2010 Ext.P2: True copy of the proceedings of the Regional Transport Authority, Idukki requesting for concurrence forwarded to the 1st respondent dated 16.8.2010 Ext.P3: True copy of the proceedings of the 1st respondent dated 19.11.2010 Respondents Exhibits:- NIL /True copy/ P.A. To Judge jma P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 15217 OF 2011 -------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Thodupuzha-Muvattupuzha-Kanthalloor. He applied for a variation of the permit by submitting Ext.P1 application dated 16.2.2010. The primary authority namely the Regional Transport Authority, Idukki considered the said application and resolved to seek the concurrence of the Regional Transport Authority, Muvattupuzha. The Regional Transport Authority, Muvattupuzha that met on 19.11.2010 considered the request from the Regional Transport Authority, Idukki and directed the Secretary, Regional Transport Authority, Muvattupuzha to ascertain the exact route length on the sector falling within the jurisdiction of the Regional Transport Authority, Muvattupuzha. 2. This writ petition is filed contending that though more than six months have passed thereafter, the Regional Transport Authority, Muvattupuzha has not taken a decision in the matter. In this writ petition, the petitioner seeks a direction to the Regional Transport Authority, Muvattupuzha to grant the concurrence sought by the Regional Transport Authority, Idukki within a time limit to be WPC No.15217/2011 2 fixed by this Court. 2. Sri.Basant Balaji, the learned Government Pleader appearing for the respondents submitted on instructions that pursuant to Ext.P3 decision of the Regional Transport Authority, Muvattupuzha, the route length was ascertained and the files have been circulated among the Chairman and members of the Regional Transport Authority in terms of rule 130 of the Kerala Motor Vehicles Rules. The learned Government Pleader submitted that within the earliest possible time the decision of the Regional Transport Authority, Muvattupuzha in the matter of grant of concurrence will be communicated to the Secretary, Regional Transport Authority, Idukki. In the light of the said submission and having regard to the fact that nearly six months have passed after Ext.P3 decision was arrived at, I dispose of the writ petition with a direction to the respondents to take a final decision on the request made by the Regional Transport Authority, Idukki for the grant of concurrence for the purpose of considering Ext.P1 application submitted by the petitioner for variation of the permit and communicate the same to the Regional Transport Authority, Idukki expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. WPC No.15217/2011 3 Though the Regional Transport Authority, Idukki is not a party to the writ petition, I deem it fit and proper to direct that upon receipt of the decision of the Regional Transport Authority, Muvattupuzha the Regional Transport Authority, Idukki shall take a final decision on the petitioner's application for variation of the permit expeditiously and in any event within one month from the date of receipt of decision of the Regional Transport Authority, Muvattupuzha. The petitioner shall in order to enable the Regional Transport Authority, Idukki to act as directed above, furnish to the Secretary of that authority a certified copy of this judgment along with a copy of the writ petition complete in all aspects. P.N.RAVINDRAN, (JUDGE) vps