The petitioner is aggrieved with Ext.P6 order passed in an appeal filed by the 2nd respondent herein. The 2nd respondent had sought for variation of extension of 5.1 Kms from AKG Nagar to Karakulam Junction and the same was rejected by Ext.P5, since variation, according to the RTA, would adversely affect the travelling public. Ext.P6 remanded the matter. The petitioner KSRTC submits that the KSRTC was not made a party. KSRTC is interested in the matter since there is overlapping of the route. There is a controversy as to what is the overlapping permitted as per the Kerala Motor Vehicles Rules, 1989 and as per the Scheme. This definitely, has to be looked into by the 1st respondent. Hence, on the 1st respondent being approached by the 2nd respondent after issuing WP(C).3043/12 2 notice to the KSRTC and affording them an opportunity for hearing, the matter shall be considered afresh de hors Exts.P5 and P6. The writ petition is disposed of, leaving open the contentions of both parties to be urged before the authority. Since the operations are continued by the 2nd respondent despite the pendency of the writ petition, the same shall be continued till orders are passed by the 1st respondent.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//