High Court Kerala High Court

P.J. Chacko vs The Regional Transport Authority on 28 March, 2008

Kerala High Court
P.J. Chacko vs The Regional Transport Authority on 28 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4291 of 2008(J)


1. P.J. CHACKO, PULICKALPULIMOOTTIL HOUSE
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY
                       ...       Respondent

2. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM

                For Petitioner  :SRI.D.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/03/2008

 O R D E R
                        ANTONY DOMINIC, J.
                -----------------------------------------------
                    W.P.(C) No. 4291 OF 2008
                -----------------------------------------------
              Dated this the 28th day of March, 2008

                              JUDGMENT

Ext.P1 is the judgment of the STAT granting regular permit

to the petitioner. When the matter reached the 1st respondent,

who has to pass consequential orders following the grant by

STAT, passed Ext.P2 order to file an appeal against Ext.P1. It is

challenging the said order, this writ petition is filed.

2. In my view, the RTA has no justification for taking a

decision as is seen from Ext.P2, as it cannot be said to be an

aggrieved person. Its only duty is to carry out the directions of the

STAT, contained in Ext.P1 judgment.

3. Therefore, the Writ Petition is disposed of quashing

Ext.P2 and directing that the 2nd respondent shall implement

Ext.P1 judgment as expeditiously as possible, at any rate, within

four weeks of production of a copy of this judgment.

It is clarified that such implementation of Ext.P1 shall be

subject to any modification that may be made to Ext.P1 in

appropriate proceedings.

ANTONY DOMINIC, JUDGE
ttb

WPC No. 6246 OF 2008
2

WPC No. 6246 OF 2008
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