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P.T.Subari vs The Regional Transport Authority on 6 April, 2010

Kerala High Court
P.T.Subari vs The Regional Transport Authority on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11756 of 2010(T)


1. P.T.SUBARI, PALAT THARAYIL HOUSE
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY
                       ...       Respondent

2. THE SECRETARY

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :06/04/2010

 O R D E R
                K.SURENDRA MOHAN, J.
             -------------------------------------------
                W.P.(C) No.11756 of 2010
             -------------------------------------------
           Dated this the 6th day of April, 2010

                          JUDGMENT

The petitioner is a stage carriage operator. He has

applied for the grant of a regular permit on the route

Cherplassery-Pattambi. However, his application was

rejected by the Regional Transport Authority (RTA)

Palakkad. The petitioner challenged the said action before

the State Transport Appellate Authority (STAT) in MVAA

No.699/2008. The STAT has remanded the matter

directing the authority to reconsider the application on the

modified route. While so, as per the notification dated

14.7.2009, the Government has permitted overlapping on

the notified route to the extent of 5 km. or 5% of the

length of their own route, whichever is less. Since

overlapping is permitted by the notification to the limited

extent indicated above, the petitioner prays that his

application for regular permit may be considered giving

the benefit of the final notification to him.

2. The learned Senior Government Pleader has no

wpc No.11756/2010 2

objection in Ext.P2 being directed to be considered by the

first respondent. The petitioner also relies on Ext.P3

judgment wherein a similar direction has been issued by

this Court.

3. In the above circumstances, this writ petition is

disposed of directing the respondent to consider the

modified proposal of the petitioner evidenced herein by

Ext.P2, in accordance with law and to pass appropriate

orders thereon, as expeditiously as possible and at any

rate within a period of two months from the date of receipt

of a copy of this judgment.

K.SURENDRA MOHAN,
JUDGE

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