IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 35944 of 2007(D) -------------------------- PETITIONER: ------------------ K.J. CHACKO, KANNAMPARAMBIL, ULLALA, THALAYAZHAM, VAIKOM. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ---------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REPRESENTED BY ITS CHAIRMAN/ DISTRICT COLLECTOR. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., KOTTAYAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. BY GOVT. PLEADER SRI. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 35944/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : THE TRUE COPY OF THE PROCEEDINGS DATED 9.3.2007. EXT. P2 : TRUE COPY OF THE JUDGMENT DATED 4.6.2007 IN M.V.A.A. NO.265/2007. EXT. P3 : THE TRUE COPY OF THE PROCEEDINGS DATED 7.8.2007. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 35944 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 JUDGMENT The prayer in the writ petition is to direct the respondents to issue the granted permit by implementing Ext.P2 judgment of STAT in M.V.A.A. No. 265/2007. 2. Petitioner applied for the grant of permit which came to be rejected vide Ext.P1, against which petitioner preferred appeal. By Ext.P2 the appeal was allowed and directed to grant regular permit as prayed for by the petitioner, if he is otherwise eligible. According to the petitioner, Ext.P2 had attained finality. However, by Ext.P3, when the matter was placed before the RTA, it is stated that the authority is satisfied that the STAT has not properly considered the relevant aspect and hence adjourned for filing appeal, and the Secretary is authorised to obtain permission from the Government. 3. I have already disposed of W.P.(C) No.34166 of 2007, following the judgment in W.P.(C) No.16243 of 2007, directing to implement the decision of the appellate authority. In such circumstances, the writ petition is allowed. There will be a direction to the first respondent to implement Ext.P2 order passed by WPC.35944/2007. 2 the STAT within one month from the date of receipt of a copy of this judgment. However, I make it clear that if the Government initiates any proceedings against Ext.P2, the grant of permit pursuant to Ext.P2 will be subject to any interim order or final order that may be passed in such proceedings. (K.M. JOSEPH, JUDGE) sb