IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33079 of 2010(H)
1. T.K.RAJENDRAN,RAJESH TRANSPORT,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY,
... Respondent
For Petitioner :SRI.K.V.GOPINATHAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :01/11/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P.(C)No.33079 of 2010
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Dated 1st November, 2010
JUDGMENT
The petitioner is a regular permit holder operating on the
route Kumbala – Kozhikode with stage carriage bearing registration No.
KL-13/S 3663. Earlier, the petitioner has submitted an application for
renewal of permit. The petitioner has actually requested for permission
to operate the service as Super Fast Service in conformity with Rule 2
(uc) of the Kerala Motor Vehicles Rules. The said application was
rejected by the respondent. Thereupon, the petitioner preferred a
statutory appeal as MVAA.No.198 of 2010. Ext.P2 is the judgment in the
said appeal delivered by the State Transport Appellate Tribunal. The
grievance of the petitioner pertains to the inaction on the part of the
respondent to comply with the directions in Ext.P2 judgment. This writ
petition has been filed in the said circumstances with a prayer to issue a
writ of mandamus commanding the respondent to comply with Ext.P2
judgment.
2. I have heard the learned counsel for the petitioner and
also the learned Government Pleader.
WP(C).No.33079/2010 2
3. Evidently, in the appeal preferred by the petitioner against
the order passed by the respondent dated 4.6.2010, the State Transport
Appellate Tribunal while allowing the same directed the respondent to
grant renewal of permit as Super Fast Service and to call upon the
appellant to make available the specified class of vehicle to be operated
as Super Fast Service in accordance with Rule 260A of the Kerala Motor
Vehicles Rules. When such a direction has been issued by the State
Transport Appellate Tribunal, the respondent is bound to comply with the
same. There is no reason for delaying compliance with the said order
any further.
In the above circumstances, this writ petition is disposed of
with a direction to the respondent to grant renewal of permit of the
petitioner as Super Fast Service in terms of the directions issued in
Ext.P2 and also in accordance with law. This shall be done expeditiously,
at any rate within a period of two months from the date of receipt of a
copy of this judgment.
C.T.RAVIKUMAR
Judge
TKS