IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19201 of 2007(J)
1. M.S.ANANDAN, S/O.SUKUMARAN, AGED 58
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY,
... Respondent
For Petitioner :SRI.P.DEEPAK
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :23/03/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.19201 OF 2007
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Dated this the 23rd day of March, 2010
JUDGMENT
Contrasting Exts.P1 and P4, and P5, there is no doubt that
Ext.P5 order has been issued by the Regional Transport
Authority in violation of the directions and findings in Ext.P4
appellate order of the STAT. The STAT had specifically held in
Ext.P4 that Kongorpilly-Tripunithura-North Parur-Kakkanadu is
not a city route but moffussil route and the notification relied on
by the RTA would apply only to city routes. It was accordingly
that Ext.P1 rejection order was found to be unsustainable.
Obviously therefore, it is inappropriate for the RTA to get over
Ext.P4 appellate order of the STAT. Ext.P5, being an order
passed in clear affront to the findings in Ext.P4, does not stand.
Accordingly, Ext.P5 is quashed and the RTA is directed to re-
consider the application of the petitioner strictly in terms of the
findings in Ext.P4. The writ petition is allowed accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.24/03.