IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 33985 of 2008(U) -------------------------- PETITIONER(S): ------------------- N.E. ABDUL AZEEZ, NEERUNGAL HOUSE, RAJAGIRI P.O., KALAMASSERI. BY ADV. SRI.K.R.KURUP SRI.K.J.ABRAHAM SRI.C.R.SYAMKUMAR SRI.LAVARAJ M.G. SRI.A.Z.JACOB SRI.C.R.VINOD KUMAR RESPONDENT(S): ---------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33985/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REGULAR PERMIT IN RELATION TO S/C KL-7 BF 6074. EXT.P2: TRUE COPY OF the DRIVING LICENSE OF MR.BIJU K.THOMAS. EXT.P3: TRUE COPY OF THE NOTICE DT 23.11.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE BAIL ORDER DT 8.8.07 PASSED BY THE SESSION COURT, ERNAKULAM. EXT.P5: TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DT NIL BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DT 30/9/08. EXT.P7: TRUE COPY OF THE JUDGMENT IN MVAA 603/08 DT 7.11.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 33985 OF 2008 (U) ==================== Dated this the 23rd day of January, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P6 cancelling the permit issued to the Stage Carriage KL-07/BF-6074, on the ground that the vehicle was driven by one Sri.Biju K.Thomas who was involved in a case, involving offence under Section 304A IPC. Although he was disqualified from driving stage carriage, based on the order passed by the Sessions Court, Ernakulam in Crl.M.C.No.1358/07, the petitioner permitted him to drive the vehicle and for that reason the permit was cancelled. The petitioner filed an appeal against Ext.P6 order as MVAA 603/08 and that appeal was also rejected as per Ext.P7. It is challenging Exts.P6 and P7 the writ petition has been filed. 2. Admittedly, the vehicle in question was driven by Sri.Biju K.Thomas. The fact that Sri.Biju K.Thomas was an accused in Crime No.1229/07 of Aluva Police Station is not in dispute. It is also not in dispute that while granting bail as per Ext.P4 order of the Sessions Court order in Crl.M.C.No.1358/07, the Court had imposed a condition that while on bail the accused shall not drive a stage carriage and that he shall not leave the country. WPC 33985/08 :2 : 3. Despite the above factual position, the only case of the petitioner is that he was not aware of the condition imposed by the Sessions Court. This explanation cannot be accepted. It was the responsibility of the petitioner to have ascertained the qualification of the person whom he engages as driver. So long as the court order remains in force, since the driver was disqualified to drive a stage carriage, Ext.P6 order passed by the 1st respondent or Ext.P7 judgment rendered by the STAT confirming the same cannot be impugned. 4. At the time when it was heard, the petitioner had contented that no steps whatsoever has been taken against the driver to cancel the bail. Thereupon, the learned Government Pleader was directed to obtain instructions and today, it is submitted that they have already applied for cancellation of the bail and for suspension of the driving licence. This is recorded. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp