IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20580 OF 2022
PETITIONER:
MOHAMMED KABEER
AGED 48 YEARS
S/O. MOIDEEN, MANHAKKANDAN HOUSE,
PAAYIPPULLU P. O.,
THUVVUR, MALAPPURAM.
BY ADV SRI. I.DINESH MENON
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P. O.,
MALAPPURAM - 676 505.
2 MOHAMMED KOYA
S/O. MOHAMMED, KARAPOOLA HOUSE,
NARUKARA P. O,
MANJERI, MALAPPURAM - 676 121.
SRI. JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20580 OF 2022
2
JUDGMENT
The petitioner is an existing stage carriage operator operating on the route Areekkode-Nilambur touching Thaliyamkundu. He is operating with the time schedule as granted in Ext.P2 order. The 2 nd respondent preferred a request for revision of timings. The petitioner submitted his objection to the timing proposed by the 2nd respondent. However, the 2nd respondent's request was granted by Ext.P4. Ext.P5 objection of the petitioner was retained for consideration at the time of conducting timing conference. According to the petitioner, since then no timing conference has been convened and his objection is not so far considered. Accordingly, he has approached this Court for a direction to the 1 st WP(C).No.20580 OF 2022 3 respondent to convene a timing conference in respect of the 2nd respondent's service bearing Registration No.KL-60-3099 after considering Ext.P5 objection of the petitioner, within a time frame.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the 1 st respondent. In the nature of the direction I propose to issue notice to the 2nd respondent is dispensed with.
3. There will be a direction to the 1 st respondent to consider Ext.P5 objection of the petitioner in the light of Ext.P4, within a period of two months from the date of receipt of a copy of this judgment. The 1st respondent shall issue notice to the petitioner and the 2nd respondent while considering Ext.P5 objection. It is made clear that, I have not expressed any opinion on the merits of Ext.P5 objection pending before the 1st respondent. WP(C).No.20580 OF 2022 4 The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20580 OF 2022 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT. EXHIBIT P2 TRUE COPY OF THE TIME SCHEDULE. EXHIBIT P3 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER ON 03.02.2021.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16.03.2021 ASSURING OF TIMING CONFERENCE AND TENTATIVELY REVISING THE TIMINGS OF THE SECOND RESPONDENT ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER AFTER THE NOTIFICATION ON 16.03.2021 DATED 29.04.2022.
RESPONDENTS EXHIBITS: NIL.