K K HAMZA Vs. REGIONAL TRANSPORT

JUDGEMENT

(1.) THE petitioner is a stage carriage operator operating a stage carriage on the route Ernakulam - Guruvayur. He applied for variation of the permit by curtailing the sector from Koonammavu to Kunnumpuram via Pathalam. By Ext.P1 order passed on 19.11.2010, Regional Transport Authority, Ernakulam declined to grant the concurrence sought by the primary authority, viz, Regional Transport Authority, Thrissur. Aggrieved thereby, the petitioner filed a revision petition before the State Transport Appellate Tribunal. By Ext.P2 order passed on 18.4.2011, the State Transport Appellate Tribunal allowed the revision, set aside Ext.P1 and directed the Regional Transport Authority, Ernakulam to grant concurrence. It was observed that it will be open to the primary authority to consider the question regarding curtailment. THE grievance voiced by the petitioner is that though more than one month has passed after Ext.P2 order was passed, the Regional Transport Authority, Ernakulam has not granted concurrence, as a result of which the primary authority is disabled from considering his application for curtailment of the route. In this writ petition, the petitioner seeks a direction to the respondents to comply with Ext.P2 order passed by the State Transport Appellate Tribunal and to grant the concurrence sought by Regional Transport Authority, Thrissur.

(2.) I heard Sri I Dinesh Menon, the learned counsel appearing for the petitioner and Sri Basant Balaji, the learned Government Pleader appearing for the respondents.