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2014 Supreme(Ker) 198

Sushamma – Appellant
Versus
Regional Transport Authority – Respondent


Advocates Appeared:
For the Petitioner:M. Jithesh Menon, K. Indu (Pournami), Advocates.
For the Respondents: R1 & R2, Rema, Government Pleader, R3, P.C. Chacko, Standing Counsel.

Judgment

1. Objectionable overlapping over a notified route; is the issue raised in the writ petition. The petitioner herein applied for a regular permit to operate on the route Chathanad-North Parur-Munambam. The Regional Transport Authority (for brevity “RTA”) called for reports from the Field Officer, twice, which are produced as Exhibits P1 and P2. In both the reports though overlapping was noticed in the notified routes Aluva-Chathanad and Aluva-Cherai; such overlapping was found to be not objectionable, since the same came within an exception clause. Despite such reports, the RTA declined grant of permit on the reasoning that the proposed route touches two intermediate points of the notified routes. The essential dispute to be resolved in the above case is as to whether the “intermediate points” referred to in Schedule-I can be equated to the “intermediate places” as indicated in Annexure-A to the approved scheme, produced as Exhibit P5.

2. The petitioner had filed a revision before the State Transport Appellate Tribunal (for brevity “the Tribunal”), who has disposed of the same, directing reconsideration by the RTA after notice to the Kerala State Road Transport Corporation




















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