LAWS(KER)-2008-3-94

JOSEPH STANLY Vs. THE REGIONAL TRANSPORT AUTHORITY,

Decided On March 28, 2008
Joseph Stanly Appellant
V/S
The Regional Transport Authority, Respondents

JUDGEMENT

(1.) PETITIONER was granted a regular permit on the route Cherthala -Kaloor Via., Chellanam, Thoppumpadi and M.G.Road. The regular permit was granted on 01.07.1996 and was valid up to 30.06.2006. On expiry of the permit, petitioner applied for renewal which was granted by Ext.P2 order of the RTA, limiting the route up to Thoppumpadi. An appeal was filed to the Tribunal which was disposed of by remanding the matter by Ext.P3 order and permitting the petitioner to suggest modification to avoid overlapping the notified route. It is stated that on remand the petitioner suggested a modification via Kundannoor, Vyttila and Kadavanthara and even that was rejected by the RTA by Ext.P4 order again on the ground of overlapping.

(2.) THIS order of the RTA was challenged before the Tribunal and the matter was again remanded by Ext.P5 order. The RTA again reconsidered and rejected the petitioner's application on the ground that the route suggested by the petitioner cannot be allowed as per the draft notification issued on 09.05.07. The matter was carried in appeal by Ext.P7 and Ext.P8 is the counter filed by the KSRTC. The Tribunal considered the matter and rejected the appeal by Ext.P9. Reasoning of the Tribunal is that in view of the notification dt.09.05.07 a fresh permit or renewal affecting supplementation scheme cannot be granted. It is challenging Exts.P6 and P9 and seeking consequential reliefs, this writ petition is filed.

(3.) I have heard learned Counsel for the petitioner, learned Government Pleader and the Standing Counsel appearing for the 3rd respondent.