IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 334 of 2011(N) ------------------------ PETITIONER(S): --------------- K.V.SUNNY, KADAMTHURUTHIYIL HOUSE, P.O.PADICHIRA, WAYANAD. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REPRESENTED BY ITS SECRETARY-673 020. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673 020. 3. THE DTO, KSRTC, KOZHIKODE0673 020 BY GOVT. PLEADER SRI.P.M.MANOJ. BY SRI.P.BENJAMIN PAUL, SC FOR KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.334 OF 2011 EXT.P1 TRUE COPY OF THE JUDGMENT DATED 23.11.1999 IN MVAA.NO.402 OF 1999 EXT.P2 TRUE COPY OF THE DISMISSAL ORDER DATED 20.1.2006. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.334 of 2011 ------------------------------- Dated this the 15th day of June, 2011 J U D G M E N T The petitioner applied for grant of a fresh regular permit to operate a limited stop ordinary service on the route Pulpally- Kozhikode. The Regional Transport Authority, Kozhikode that met on 19.5.1999 rejected the said application on the ground that a portion of the route over lapse a nationalised route. Aggrieved thereby, the petitioner filed MVAA.No.402 of 1999 before the State Transport Appellate Tribunal. By Ext.P1 judgment delivered on 23.11.1999, after notice to and hearing the Regional Transport Authority and also the Kerala State Road Transport Corporation, the State Transport Appellate Tribunal set aside the order of the Regional Transport Authority and directed it to reconsider the petitioner's application, in the light of the observations contained therein. Though the Kerala State Road Transport Corporation challenged that order by filing O.P.No.7241 of 2000 in this Court, by Ext.P2 judgment delivered on 20.1.2006, the said writ petition was dismissed as infructuous. This writ petition is filed contending that even thereafter the Regional Transport Authority has not passed orders on the petitioner's application for the grant of a fresh regular permit. 2. When the writ petition came up for hearing today, W.P.(C) No.334 of 2011 2 Sri.P.M.Manoj, learned Government Pleader appearing for respondents 1 and 2 submitted that the petitioner's application was not considered in view of the pendency of the O.P.No.7241 of 2000 and now that the said writ petition stands dismissed, the Regional Transport Authority will consider the same with notice to the petitioner and Kerala State Road Transport Corporation and pass appropriate orders thereon. The learned standing counsel for the Kerala State Road Transport Corporation submitted that the Corporation may be permitted to put forward its objections before the Regional Transport Authority. In the light of the stand taken by respondents 1 and 2, I dispose of the writ petition with a direction to the Regional Transport Authority, Kozhikode to reconsider the petitioner's application for grant of fresh regular permit to operate a stage carriage on the route Pulpally-Kozhikode in the manner directed in Ext.P1 judgment of the State Transport Appellate Tribunal in MVAA No.402 of 1999 and take an appropriate decision thereon with notice to the petitioner and the Kerala State Road Transport Corporation expeditiously and in any event within three months from the date of receipt of a certified copy of this judgment. P.N. RAVINDRAN, JUDGE. nj. W.P.(C) No.334 of 2011 3