K. Chandran vs The Regional Transport Authority on 19 December, 2006

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Kerala High Court
K. Chandran vs The Regional Transport Authority on 19 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22944 of 2006(F)


1. K. CHANDRAN, S/O.APPU,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY, REGIONAL TRANSPORT

3. THE STATE TRANSPORT APPELLATE

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  :SHRI.JOHNSON P.JOHN, SC, KSRTC

The Hon'ble MR. Justice P.R.RAMAN

 Dated :19/12/2006

 O R D E R
                               P.R.RAMAN, J.

                        ```````````````````````````

                      W.P.(C) NO. 22944 OF 2006

                        ```````````````````````````

           Dated this the 19th day of December, 2006


                              J U D G M E N T

The limited prayer is for a direction to respondents 1 and 2

to consider the grant of permit as per Exhibit P1 application.

Earlier by Exhibit P3, the same was rejected on the ground that

permit will violate the notified route. The said view was confirmed

in Exhibit P4. Exhibit P5 is only a proposal calling for objection.

Petitioner has not produced any final notification pursuant to the

proposal Exhibit P5. Hence his contention based on Exhibit P5

that overlapping upto 10 Kms is permissible as is clear from the

remark contained, against Column 19 of Exhibit P5 at present

cannot be looked into. Further, if any subsequent notification is

issued permitting overlapping of 10 Kms. or 10% as the case may

be and if the petitioner files a fresh application, the same shall be

considered in accordance with law untramelled by the fact that

his earlier application was rejected.

Writ petition is disposed of as above.

P.R.RAMAN, JUDGE

Rp

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