IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 1438 of 2006(U) ---------------------------------- PETITIONER: ------------------ A.M. HAMSA, JENAZ MANZIL, CHADAYAMANGALAM, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENTS: ---------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 3. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS DISTRICT OFFICER, KOLLAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR ADV. SRI.T.RAVIKUMAR, SC, KSRTC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/20080, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1438 of 2006(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE NOTIFICATION ISSUED BY THE TRAVANCORE - COCHIN GOVERNMENT DATED 8.5.1951. EXT.P2 - TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 29.10.1960. EXT.P3 - TRUE COPY OF THE REGULAR PERMIT INCLUDING THE RENEWAL, REPLACEMENT AND TRANSFER OF PERMIT IN FAVOUR OF THE PETITIONER. EXT.P4 - TRUE COPY OF THE DECISION OF RTA DATED 17.2.2005 AND 11.3.2005. EXT.P5 - TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL IN MVAA NO. 248/2005 DATED 6.6.2005. EXT.P6 - TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 21/10/2005 GRANTING RENEWAL OF PERMIT ON THE ROUTE VARKALA - KULATHURPUZHA VIA. NILAMEL, AYUR AND ANCHAL IN RESPECT OF STAGE CARRIAGE KL-01/L7736. RESPONDENT'S EXHIBITS: EXT.R3(a) - TRUE COPY OF THE TRIVANDRUM - TRIVANDRUM CIRCULAR SCHEME DATED 29TH AUGUST, 1961. EXT.R3(b) - TRUE COPY OF THE TRIVANDRUM - KOTTAYAM VIA. RANNI SCHEME DATED 20.7.1967. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.1438 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: i) To direct the 1st respondent to grant renewal of permit holding by the petitioner on the route Kadakkal - Punalur via. Nilamel, Ayoor and Anchal in respect of stage carriage KL-02/E-7117 is applied for. It is submitted that the petitioner is prepared to modify the proposal in order to avoid overlapping. There will be a direction to the first respondent to consider the application of the petitioner based on the modified proposal, in the light also of the present notification, expeditiously. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.1438 OF 2006 J U D G M E N T 01.09.2008