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M.C.CHACKOCHAN, MANNANTHAN HOUSE versus THE STATE TRANSPORT APPELLATE TRIBUNAL

High Court of Kerala

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M.C.CHACKOCHAN, MANNANTHAN HOUSE v. THE STATE TRANSPORT APPELLATE TRIBUNAL - WP(C) No. 21306 of 2007(J) [2007] RD-KL 12712 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21306 of 2007(J)

1. M.C.CHACKOCHAN, MANNANTHAN HOUSE,
... Petitioner

Vs

1. THE STATE TRANSPORT APPELLATE TRIBUNAL,
... Respondent

2. THE REGIONAL TRANSPORT AUTHORITY,

3. THE SECRETARY, REGIONAL TRANSPORT

4. THE MANAGING DIRECTOR,

For Petitioner :SRI.I.DINESH MENON

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :11/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.21306 OF 2007

DATED THIS THE 11th DAY OF JULY, 2007



JUDGMENT

The petitioner applied for regular permit on the route Kunnamkulam-Ponnani via Parambudam, Porkulam, Pazhani, Pengamuck, Kochanoor, Vattambalam, Attapuram, Althara, Puthenpalli and Kundukadavu. The same was rejected by the R.T.A. on the ground that it offends a notified route. The petitioner filed MVAA No.49/2007 before the State Transport Appellate Tribunal, which was rejected by Ext.P4 holding that the route length is 36 Kms out of which 25.5 Kms distance is on notified route. The petitioner's contention is that the RTA should be directed to consider his application for permit in a modified route avoiding the overlapping distance. However, I find that in Ext.P4, the Tribunal has held that out of the total length of 36 Kms, 25.5 Kms is covered by the notified route. Therefore, there cannot be any consideration for the balance distance. However, the learned counsel for the petitioner submits that he can file an application for a modified route avoiding the offending distance. In the above circumstances, the writ petition is disposed of with an observation that if the petitioner submits an application for a modified route avoiding the overlapping area, the R.T.A. shall consider the same W.P.(c)No.21306/07 2 in accordance with law. The K.S.R.T.C shall also be heard in the matter before orders are passed by the R.T.A. The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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