IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16307 of 2011(K) -------------------------- PETITIONER(S): --------------- SUNIL KUMAR, `SANTHINIVAS' MANGANAM WEST P.O., KOTTAYAM. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- THE SREGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY, IDUKKI. BY GOVT. PLEADER SRI.ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16307 of 2011 EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 5.3.2010 EXT.P2 TRUE COPY OF THE COMMON JUDGMENT DATED 14.6.2010 IN W.P.(C) NO. 17198 OF 2010 EXT.P3 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 14.7.2010. EXT.P4 TRUE COPY OF THE ORDER DATED 20.4.2011 IN MVARP NO.178/2010 //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16307 of 2011 ------------------------------- Dated this the 23rd 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 Kottayam - Rajakkadu as a limited stop ordinary service. He applied for variation of the permit by conversion of the service as a fast passenger service. The Regional Transport Authority, Idukki that met on 5.3.2010 considered the application and adjourned it with a direction to the Secretary to report whether the change of class of service would affect the travelling public. When the consideration of the application was indefinitely delayed, the petitioner filed W.P.(C) No.17198 of 2010 in this Court. By Ext.P2 judgment delivered on 14.6.2010, this Court disposed of the said writ petition with a direction to the respondent to consider the said application and pass orders thereon within two months from the date of receipt of a certified copy of that judgment after hearing all the parties concerned including the Kerala State Road Transport Corporation. Thereafter, the Regional Transport Authority, Idukki that met on 14.7.2010 considered the application by circulation and resolved to reject it as can be seen from Ext.P3 proceedings. Aggrieved thereby, the petitioner filed a revision petition before the State Transport Appellate Tribunal. By Ext.P4 order passed on 20.4.2011, after notice to the W.P.(C) No.16307/2011 2 respondents including the Kerala State Road Transport Corporation, the State Transport Appellate Tribunal allowed the appeal and directed the Regional Transport Authority to grant the conversion sought. This writ petition is filed contending that though Ext.P4 order has attained finality, till date the Regional Transport Authority has not implemented Ext.P4 order passed by the State Transport Appellate Tribunal. 2. When the writ petition came up for admission-hearing today, Sri.S.Abdul Salam, learned Government Pleader appearing for the sole respondent submitted on instructions that in view of the decision of the State Transport Appellate Tribunal, the Regional Transport Authority will consider the matter at its next meeting. The learned Government Pleader also submitted that the date on which the next meeting is scheduled has not so far been fixed. The learned Government Pleader also brought to my notice that the initial order rejecting the application (Ext.P3) was passed after circulation. 3. The pleadings and the materials on record disclose that the petitioner's application for conversion of the class of service which stands allowed by Ext.P4 order passed by the State Transport Appellate Tribunal was submitted prior to 5.3.2010. More than one year has passed thereafter. In such circumstances, as Ext.P4 order has now attained finality in the sense that the Kerala State Road Transport Corporation has not so far chosen to challenge it, I am of W.P.(C) No.16307/2011 3 the opinion that the Regional Transport Authority should give effect to it expeditiously. I accordingly dispose of the writ petition with a direction to the Regional Transport Authority, Idukki to take up the petitioner's application which was the subject matter of Exts.P1 and P3 proceedings for fresh consideration by circulation in the manner provided in rule 130 of the Kerala Motor Vehicle Rules and grant the variation sought in terms of the directions issued by the State Transport Appellate Tribunal in Ext.P4 order expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the respondent. In view of the fact that the Kerala State Road Transport Corporation has not chosen to challenge Ext.P4 order, I am of the opinion that it is not necessary to hear them before passing revised orders in the matter. If, in the meanwhile, a regular meeting of the Regional Transport Authority is scheduled to be held the application shall be taken up and considered in that meeting. P.N. RAVINDRAN, JUDGE. nj.