IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 1969 of 2008(H) ------------------------------------- PETITIONER: ------------------- SUKUMARAN NAIR, KUMARI BHAVAN, TC 2/3058, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.K.V.GOPINATHAN NAIR. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, (RURAL AT ATTINGAL), REP. BY ITS SECRETARY. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., ATTINGAL. BY GOVT. PLEADER SRI. M.R. SABU, ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1969/2008-H: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE TEMPORARY PERMIT ISSUED ON 25/02/2006 VALID UPTO 25/06/2006. EXT.P.2: COPY OF THE REGULAR PERMIT ISSUED TO THE OPERATOR OF THE OPPOSITE DIRECTION ON 28/05/2005. EXT.P.3: COPY OF THE DECISION OF THE R.T.A. DTD. 16/06/2006. EXT.P.4: COPY OF THE JUDGMENT OF THE STAT IN M.V.A.A. NO. 360/2006 DTD. 22/03/2007. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.1. DTD. 19/09/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 1969 OF 2008 - H = = = = = = = = = = = = = = = Dated this the 29th February, 2008 J U D G M E N T In this writ petition the challenge is against Ext. P5. By Ext. P4, the STAT allowed an appeal filed by the petitioner and directed that regular permit shall be granted. However, when the matter came up for consideration of the RTA, it was held that in view of the order of stay passed by the Supreme Court in the SLP filed against the judgment in W.A. No. 1210/06, the application for regular permit is to be rejected and accordingly the application was rejected. 2. In my view, the attitude of the RTA cannot be appreciated at all. If the order of the STAT is not correct, it is for the aggrieved person to approach the STAT or this court and correct it and it is not for the RTA act contrary to the judgment of the STAT. RTA is bound to carry out the order of the STAT in Ext. P4 judgment. This shall be W.P.(C) No. 1969 OF 2008 - 2 - done by the RTA within six weeks of production of a copy of this judgment. This will not prejudice the right of the 2nd respondent under Rule 242 of the KMV Rules, should such an occasion arise for invoking the same. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-