Baby Jacob vs The Secretary
2021 Latest Caselaw 12186 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                        WP(C).No.9789 OF 2021(W)


PETITIONER:

               BABY JACOB,
               AGED 68 YEARS
               PALLAKATTU HOUSE, KOODALLOOR P. O., KIDANGOOR,
               KOTTAYAM.

               BY ADVS.
               SMT.M.VANAJA
               SMT.P.ASHA

RESPONDENT:

               THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, COLLECTORATE
               P. O., KOTTAYAM - 686 002.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9789 OF 2021(W)                    2




                      P.V.KUNHIKRISHNAN, J
                   ----------------------------------
                     W.P.(C.) No. 9789 of 2021
                       --------------------------------
                Dated this the 23rd day of April, 2021


                                   JUDGMENT

This writ petition is filed for issuing appropriate direction

to the Secretary, RTA to implement Ext.P1 order of the State

Transport Appellate Tribunal. Petitioner is a regular stage

carriage permit holder operating on the route Pala - Kottayam

with the stage carriage KL-38/G-2599 with a set of timing.

2. According to the petitioner, a stage carriage

operator, is operating on the route Kuruvilangadu - Kottayam

via Kappumthala with stage carriage bearing registration

No.KL-67 903. According to the petitioner, running time

allotted for the portion of his service from Kappumthala to

Kottayam is 1 hour 5 minutes as the timing allotted for the

first trip from Kappumthala is 7.10 a.m. and reaching

Kottayam at 8.15 a.m and to re-start from there at 8.50 a.m.

For this the petitioner has no objection. Now without any

change of circumstances, the petitioner contends that, the

timing of that operator is changed by the respondent as per

order dated 01.02.2021. Hence, the petitioner approached

the State Transport Appellate Authority and the authority as

per Ext.P1 order directed the respondent to consider Ext.P3

objection filed by the petitioner and pass orders, in accordance

with law, within two months. The grievance of the petitioner is

that Ext.P1 order is not implemented.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. It is submitted that the timing conference is not

conducted because of the pandemic situation. Hence, there

can be a direction to the respondent to convene a timing

conference within a time-frame, considering the facts and

circumstances of the case because Ext.P1 order was passed on

25.09.2020.

Therefore, this writ petition is disposed of, directing the

respondent to convene a timing conference within a period of

four weeks from the date of receipt of a copy of this judgment

either physically or virtually to settle the timing of the

petitioner as directed in Ext.P1 order, after hearing all the

affected parties. If the timing conference cannot be convened

even virtually, the respondents will fix the time suggested by

the petitioner provisionally after getting a report from the

AMVI. The respondents shall do the needful in tune with the

directions in the judgment delivered by this Court today in

WP(C) No.9756 of 2021. Above exercise also should

completed, within the stipulated time mentioned earlier. The

petitioner will produce a copy of the judgment in W.P.(C)

No.9756 of 2021 along with this judgment before the

competent authority for compliance.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE pm

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25.09.2020 IN MV ARP NO.45/2020.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 28.10.2020 IN WPC NO.22969/2020.