IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 95 of 2007()
1. P.P.IBRAHIM, S/O.ALUPPI HAJI,
... Petitioner
Vs
1. THE R.T.A.
... Respondent
2. THE SECRETARY,
3. THE S.T.A.T. ERNAKULAM.
For Petitioner :SRI.A.K.ABDUL AZEEZ
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice M.RAMACHANDRAN
Dated :23/01/2007
O R D E R
V.K.BALI,C.J. & M. RAMACHANDRAN, J.
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W.A. No. 95 of 2007
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Dated this the 23rd day of January, 2007.
J U D G M E N T
Ramachandran, J.
The appellant is the owner of a stage carriage
and according to him, had applied for a regular permit for
operation in the district of Kannur. However, according to
him, the permit was granted not in compliance with the
request and a condition had been imposed which would
have been inconvenient for him. He claims, he knew about
it when the timings were prepared. A writ petition (W.P.(C)
No.30624 of 2005) filed was dismissed with right to move
the State Transport Appellate Tribunal by way of revision.
The above revision was dismissed and the timings issued
were to remain. The Tribunal had also indicated that the
grant with the condition was not challenged and the
revision petition was not maintainable. The next writ
petition (W.P(C) No.29339 of 2006) filed was dismissed by
the learned Judge holding that the view as above taken is
unexceptionable since he had not chosen to challenge the
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order of the S.T.A.T. It was not possible for him to rake
up the contentions on principles akin to constructive res
judicata. Mr.Azeez, counsel appearing for the appellant
submits that the learned Judge has a duty to consider the
intention of the Act in the matter of issuing permits
liberally and the remedy ought to have been granted.
But, that is not a justification for contending that the
order need to have been challenged in part. The error
goes to the root of the issue.
The appeal is therefore dismissed.
V.K.Bali
Chief Justice
M. Ramachandran
Judge
Mbs/
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