High Court Kerala High Court

The Secretary vs The Secretary on 21 May, 2009

Kerala High Court
The Secretary vs The Secretary on 21 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13308 of 2009(G)


1. THE SECRETARY,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :21/05/2009

 O R D E R
                       V.GIRI, J
                     -------------------
                 W.P.(C).13308/2009
                     --------------------
         Dated this the 21st day of May, 2009

                     JUDGMENT

Petitioner submits that he had applied for a

regular permit, and on its rejection the matter was

carried in appeal before the Tribunal in

MVAA.No.354/2006. It is stated that, by Ext.P1

judgment, the rejection was set aside and the matter

was ordered to be re-considered. According to the

petitioner, the matter was considered by the RTA as

per Ext.P2 proceedings dated 24.4.2007 and the

permit was ordered to be granted subject to the

conditions mentioned therein. Aggrieved by the

conditions in Ext.P2, he again approached the Tribunal

by filing MVAA.No.350/2007. Petitioner states that, by

Ext.P3 judgment rendered on 30th August, 2007 the

appeal was disposed of deleting the condition in

Ext.P2 to the extent it provided that the service on the

route Chavara-Adoor will have to be operated “with

full trips without any intermittent halts.” Complaint in

W.P.(C).13308/2009
2

this writ petition is that although the appeal was

disposed of as early as 30th August, 2007, the permit

that was granted as per Ext.P2, has not still been

issued.

2. If as stated by the petitioner, Ext.P3 judgment

rendered by the Tribunal in MVAA.No.350/07 has

become final and the petitioner has complied with all

other requirements, there is no reason why the permit

in terms there of shall not be issued. It is directed that,

if the judgment referred to above has become final

and the petitioner has complied with all other

requirements, the permit granted by Ext.P2 shall be

issued expeditiously.

Writ Petition is disposed of as above.

V.GIRI,
Judge

mrcs