This review petition/appeal challenged a judgment directing the Regional Transport Authority to issue a permit within two months subject to timing settlement. The bench dismissed the appeal, observing no ground for interference as remedies exist under the statute.
The review petition and writ appeal were dismissed with no grounds for interference found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER
THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930
R.P.335/2009 IN WA.No. 598 of 2007 (E)
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AGAINST THE JUDGEMENT IN W.A.NO.598 OF 2007 DATED 22.1.2009. ....................
REVIEW PETITIOER /APPELLANT/3RD RESPONDENT IN W.P.(C)
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U.D.SHAYI, SHEENA NIVAS, P.O.PATHAYAKUNNU, POOKODE, THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.P.P.BALAMOHANA BABU, RATHIN NIVAS, P.O.PALAYAD.
BY ADV. SRI.O.D.SIVADAS
RESPONDENTS/RESPONDENTS/PETITIONER AND RESPONDENTS IN WP(C) -----------------------------------------------------------
1. K.KARUNAKARAN, S/O.KUNHAMBU, KOKKADAN HOUSE, PARASSINIKKADVU, KASARAGOD DT.
2. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD, REPRESENTED BY ITS SECRETARY.
3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD DISTRICT.
4. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.
BY SRI.BENJAMIN PAUL, SC, KSRTC BY SENIOR GOVERNMENT PLEADER BASANT BALAJI.
THIS R.P.IN WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009, ALONG WITH W.A.NO.1238/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
J.B. Koshy,Ag.C.J. & V. Giri, J.
W.A. No. 598 of 2007
Dated this the 22nd day of January, 2009
Judgment
Koshy, Ag.C.J.
This writ appeal is filed against the order in R.P. as well as the judgment in W.P. © No.1675 of 2006. Originally, the above writ petition was disposed of without noticing that permit was already granted. Therefore, the original judgment was set aside by the order in R.P. and it was posted for re-hearing. Thereafter, the judgment was delivered on merit. The Regional Transport Authority ratified the decision of the Secretary in granting permit, but since time schedule was not settled, it was not issued. The learned Judge directed to issue permit after settling the timings in a timing conference within two months from the date of production of the copy provided the petitioner satisfies the other requirements like production of current records etc. It is also further provided that if any party is aggrieved, he can challenge it. There is a statutory remedy of appeal against the orders passed by the R.T.A. and,
2
W.A. No.598/2007
therefore, we see no ground to interfere in the judgment. Appeal is
dismissed.
J.B.Koshy Acting Chief Justice
V. Giri Judge
vaa
2 issues framed by the court
Whether the High Court should interfere with the judgment delivering permits after settling timings.
Whether there is ground to quash the order directing the R.T.A. to issue permit after satisfying requirements.
U.D. SHAYI
K. KARUNAKARAN
REGIONAL TRANSPORT AUTHORITY KASARAGOD
SECRETARY REGIONAL TRANSPORT AUTHORITY KASARAGOD DISTRICT
KERALA STATE ROAD TRANSPORT CORPORATION
A.K. BASHEER
J.B. KOSHY
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
