IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25215 of 2008(B) -------------------------- PETITIONER: PETITIONER ---------------------- R.PRASAD, S/O.RAMESAN, KANNAMANGALAM, KARIKUZHY, MAYYANAD. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: RESPONDENTS ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM, REP.BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C. KOLLAM 4. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY GOVT. PLEADER SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.25215/2008 ----------------------------------------------------------- Dated this the 21st day of August, 2008 JUDGMENT By Ext.P1, a request made by the petitioner for variation of his permit was rejected by the RTA on the ground of overlapping on a notified route. Against Ext.P1, the petitioner filed Ext.P2 appeal before the Tribunal, which was disposed of by Ext.P3 judgment. In Ext.P3 judgment the Tribunal held that the ground of overlapping is incorrect but then rejected the appeal on the ground that there is nothing to show that the variation is in the interest of traveling public. 2. Once the Tribunal has disagreed with the RTA, the proper course to be adopted by the Tribunal was to remand the matter for fresh consideration by the RTA, which has not been done in this case. WP(c).No.25215/2008 2 3. Therefore, I am inclined to set aside Ext.P3, in so far as it rejects the appeal. The RTA shall reconsider the matter and pass fresh orders, considering the application made by the petitioner for variation of his permit. Writ Petition is disposed of as above. Petitioner shall produce a copy of the judgment before the first respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.25215/2008 3