IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 5314 of 2011(L) ------------------------- PETITIONER(S): ----------------------- N.GANESHAN, S/O. GOVINDAN, "NEYYAN HOUSE", P.O.MANGAD, KALLIASSERY, KANNUR DISTRICT-670 001. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-670 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR DISTRICT-670 001. GOVERNMENT PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 5314 of 2011 APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE JUDGMENT OF THE HON'BLE STAT IN MVAA 45/2010 DATED 27.3.2010 P2:- COPY OF THE REQUEST FILED BY THE PETITIONER DATED 28.1.2011 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 5314 OF 2011 --------------------------------------------- Dated this the 24th day of May, 2011 J U D G M E N T The petitioner applied for the grant of a fresh regular permit to operate a stage carriage on the route Pullooppikkadavu – Thaliparamba. By order passed on 28.11.2008, the Regional Transport Authority , Kannur rejected the said application on the ground that the route is part of a nationalised route. Aggrieved by the said order, the petitioner filed an appeal before the State Transport Appellate Tribunal. By Ext.P1 judgment, delivered on 27.03.2010, the Appellate Tribunal allowed the appeal and directed the Regional Transport Authority , Kannur to grant the regular permit applied for by the petitioner subject to settlement of timings. The grievance voiced by the petitioner in this writ petition filed on 18.02.2011 is that, though Ext.P1 judgment has attained finality, till date, the Regional Transport Authority, Kannur has not granted permit after settlement of timings. It is stated that though Ext.P2 petition was filed before the Chairman W.P.(C).No.5314 OF 2011 2 of the Regional Transport Authority, Kannur on 28.01.2011 requesting him to place the petitioner's application in the next meeting of the Regional Transport Authority , Kannur scheduled to be held on 31.01.2011, the said request was not granted. In this writ petition, the petitioner seeks a direction to the Regional Transport Authority , Kannur to grant the regular permit applied for by him in terms of Ext.P1 judgment of the State Transport Appellate Tribunal forthwith. 2. Heard Sri.Renjith George, the learned counsel for the petitioner and Sri.Basant Balaji, the learned Government Pleader for the respondents. Shorn of details, the grievance voiced by the petitioner is that notwithstanding the directions issued by the State Transport Appellate Tribunal in Ext.P1 judgment his application for a fresh regular permit has not so far been disposed of. The petitioner has stated in Ext.P2 petition that relevant files were despatched from the office of the State Transport Appellate Tribunal on 27.05.2010. In any case, if the files have not been received back from the State Transport Appellate Tribunal, the respondents ought to have taken steps to W.P.(C).No.5314 OF 2011 3 get back the files on coming to know of the judgment and passed expeditious orders on the petitioner's application. Ext.P1 judgment was delivered on 27.03.2010 and more than one year has passed thereafter. 3. In such circumstances, I dispose of the writ petition with a direction to the respondents to take up the petitioner's application for grant of a regular permit in the next meeting of the Regional Transport Authority, Kannur, and pass orders thereon as directed by the State Transport Appellate Tribunal in Ext.P1 judgment. The timing conference shall be held and the permit issued within another month thereafter. P.N.RAVINDRAN, JUDGE dmb