TMI Blog2008 (2) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary to notice the relevant facts in some detail. 3. Pursuant to the notice issued by the Regional Transport Authority for grant of a stage carriage permit on the route Kangayam to Kodumudi to ply an additional bus, 12 applicants including the petitioner had filed applications. One of the existing operators had filed W.P. No. 5289 of 1994, wherein an interim order was passed to the effect that the applications may be considered but the final decision should not be implemented till the disposal of the writ petition. The Regional Transport Authority, hereinafter referred to as the RTA at that stage, decided to grant permit in favour of Thirumalai Transport Service. Ultimately, W.P. No. 5289 of 1994 was dismissed with a direction to the Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he light of the judgment rendered today in W.A. Nos. 1048 and 1049 of 1995 holding that the proceedings of the Regional Transport Authority in question issuing the permit is a nullity, the prayer made in the writ petition does not survive. The writ petition is accordingly dismissed.... 5. Thereafter, the present petitioner filed a representation to the RTA to consider and pass orders on the remaining applications but, since the representation remained unheeded, the petitioner filed W.P. No. 18703 of 1998. The High Court by its order dated 30.11.1998 issued a direction to the RTA to consider such application. The RTA passed an order to the following effect: ...all the other applications stood rejected. Of course, the orders of the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly had the effect of rejection of all other applications, including that of the present petitioner. It is apparent that the present petitioner possibly wanted to file appeal and since certified copy was not being granted, W.P. No. 13688 of 1994 had been filed. Unfortunately the said writ petition was also dismissed. The fact remains that the present petitioner did not file any appeal against the deemed refusal of the Regional Transport Authority. Moreover, while deciding W.A. Nos. 1048 1049 of 1995 and quashing the grant of permit in favour of the present intervenor as nullity, no specific direction had been given by the Division Bench to consider and decide other applications. On the other hand, the observation of the Division Bench in par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt is expected to review. It cannot convert itself into an appellate court in order to find out the errors by delving deep into the entire records. The structure of a judicial system is more or less akin to pyramid. The initial stage - for example, the trial stage is similar to the base of the pyramid where the scope for taking a decision, of course within the parameters of law, is as broad-based as the base of the pyramid. The higher one goes up in appeals, further appeals and revisions or reviews, the scope for interference becomes increasingly narrower like the pyramid. The power of review where available can be compared only to the top-most portion of the pyramid with very limited scope for interference. 9. Apart from the above limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a deemed rejection of all other applications filed by the applicants including the petitioner itself, was an appealable order. It is of course true that the grievance of the petitioner was to the effect that certified copy of the proceedings had not been issued. His efforts to obtain certified copy by filing writ petition proved futile when the Division Bench observed that the prayer made in the writ petition filed by the petitioner for issuance of certified copies did not survive and the writ petition was dismissed. It was for the petitioner to challenge such decision before the appellate forum and having abandoned such a recourse, the present contention that he was prevented from filing an appeal though understandable cannot be justifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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