IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16187 of 2008(B)
1. KERALA STATE TRANSPORT CORPORATION
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY
... Respondent
2. THE SECRETARY
3. ANNAMMA ABRAHAM, MANAGING PARTNER
4. THE SECRETARY
For Petitioner :SHRI.JOHNSON P.JOHN, SC, KSRTC
For Respondent :SRI.MILLU DANDAPANI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/10/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.16187 OF 2008
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Dated this the 22nd day of October, 2010
J U D G M E N T
The Kerala State Road Transport Corporation is the
petitioner herein. They are aggrieved by Ext.P1 order of the
State Transport Appellate Tribunal, Ernakulam in
M.V.A.R.P.No.390/2007, whereby the first respondent was
directed to grant prior concurrence for the renewal of the existing
permit of the third respondent without prejudice to the right of
the primary authority to decide the nature of service in the light
of the objection raised by the District Transport Officer,
Kozhikode.
2. A memo has been filed by the third respondent stating
that subsequently both the authorities had given concurrence and
therefore, the issue does not survive. But the learned Standing
Counsel for the KSRTC submits that still the question of law as to
whether the STAT can interfere with the power of the sister
authority to grant concurrence remains to be settled. I am of
W.P.(c)No.16187/08 2
opinion that, that question of law can be decided in a better
case later. Therefore, leaving open the question of law to be
decided in another case, this writ petition is closed.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.16187/08 3