P.Sujith Kumar vs The Regional Transport Authority on 13 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33917 of 2008(K)


1. P.SUJITH KUMAR, S/O.KUNHIRAMAN,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.K.G.ANIL BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :13/08/2009

 O R D E R
                            V.GIRI, J.
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                   W.P.(C). No. 33917 OF 2008
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             Dated this the 13th day of August 2009.

                          JUDGMENT

Petitioner is the holder of a regular permit on the

route Kottiyoor-Manikkadavu-Chandanakkampara (via) Kelakam,

Thundi, Peravoor, Iritty and Vattiyamthode. An application for

renewal of Ext.P2 is stated to be pending. Petitioner applied for

the variation of the permit, which was rejected as per Ext.P3 and

affirmed by the appellate tribunal by Ext.P5. Exts.P3 and P5 are

under challenge in this writ petition.

2. I heard learned Counsel for the petitioner and learned

Government Pleader. Going through Exts.P3 and P5, the only

ground on which the application for variation was rejected is the

alleged inconvenience of the travelling public. No doubt,

convenience of the travelling public is a relevant factor while

considering the application for variation either by extension or

by curtailment. The contention in this regard has not been

correctly appreciated.

3. Accordingly, Exts. P3 and P5 are set aside and the first

respondent shall consider the petitioner’s application for

W.P.(C). No. 33917 OF 2008
2

variation after a decision is taken on the petitioner’s application

for renewal on Ext.P1.

Writ petition is disposed of as above.

(V.GIRI)
JUDGE

kkms/