N C THOMAS Vs. REGIONAL TRANSPORT AUTHORITY, KOTTAYAM

JUDGEMENT

(1.) This writ petition is filed challenging Ext.P5 order of the State Transport Appellate Tribunal (STAT) , setting aside the grant of variation by the Regional Transport Authority(RTA) and remanding the matter to the RTA for fresh consideration.

(2.) Heard learned counsel for the petitioner, learned Government Pleader, the learned Standing Counsel appearing for the KSRTC and learned counsel appearing for the 4th respondent.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner, who is an existing operator on the route Kottayam -Manarcadu Church had applied for variation of permit by extension from Manarcadu Church to Pallickathode which is a non-notified sector. The matter was considered by the RTA and variation was granted. The petitioner was conducting service on the varied route on the strength of temporary permits. While so, it is contended that the 4th respondent had approached the STAT by Ext.P3 revision petition pointing out that the permit in question was a saved permit and that the petitioner could not have sought for variation of the same. Relying on the decision of the Apex Court Venkada Swamy Reddy v. State Transport Authority, (2016) 3 Kerala Law Times 638 it was contended that the grant of variation to saved permit is illegal and thus the variation granted was liable to be reconsidered.