Kerala High Court
K.P. Kuriakose vs The Regional Transport Authority on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 4904 OF 2021
PETITIONER:
K.P. KURIAKOSE
AGED 53 YEARS
S/O.K.K.PAULOSE, KUZHIKKADAN HOUSE, PUDUMANA P.O.,
KOMBANAD-683546.
BY ADVS.
SAJEEV KUMAR K.GOPAL
SMT.ASWATHY BABU
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
MINI STATION, VAZHAPALLY, MUDAVOOR P.O.,
MUVATTUPUZHA-686 669, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, MINI STATION,
PAZHAPALLY, MUDAVOOR P.O., MUVATTUPUZHA-686 669.
3 BIJU K.O.,
S/O.OUSEPH, KALLARA AREEKKAL HOUSE, MEKKAD P.O.,
NEDUMBASSERY, AKAPARAMBU, ERNAKULAM DISTRICT-
683589.
BY ADV SR GP BIMAL K NATH
BY ADV SRI.O.D.SIVADAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4904 OF 2021
2
JUDGMENT
Dated this the 08th day of July 2021
The petitioner is a stage carriage operator
running the stage carriage on the strength of Ext.P1,
regular permit and Ext.P2 timings issued to him. The
grievance of the petitioner is that the regular permit
with a proposed set of timings given to the third
respondent evidenced by Ext.P4 is prejudicial to him.
According to him, there was another set of settled
timings available, which ought to have been given to
the third respondent. The petitioner submitted his
objections, evidenced by Ext.P5. The above objections
could not be considered and it seems that no timing
conference has been convened after Ext.P5.
2. It emerges from Ext.P4 that, timing
conference was scheduled on 23.01.2020. Several
enroute operators appeared and raised objections. It
is noted that due to the pandemonium created by the
WP(C) NO. 4904 OF 2021
parties, timing conference could not be conducted.
Thereafter, it was entrusted with RTA for appropriate
decision.
3. Heard the learned Counsel for the petitioner,
learned Senior Government Pleader and the learned
Counsel for the third respondent. It is submitted by
the learned Senior Government Pleader that due to
the pandemic, RTA meeting could not be convened
thereafter. Thereafter, a direction was issued by the
RTA to the Secretary to convene the conference within
a stipulated time. It is submitted by the learned
Senior Government Pleader that timing conference
also could not be convened.
4. Having considered the entire facts, I am
inclined to dispose of the Writ Petition itself with a
direction to the second respondent to convene a
timing conference and to finalise the timing after due
notice to the petitioner, third respondent and other
enroute operators by the usual mode of serving notice
WP(C) NO. 4904 OF 2021
on the parties. The meeting shall be convened and
final decision shall be taken as expeditiously as
possible, at any rate, within a period of two months
from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
SKP/9-7
WP(C) NO. 4904 OF 2021
APPENDIX OF WP(C) 4904/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT IN
RESPECT OF STAGE CARRIAGE BEARING
REGISTRATION NO.KL-38D-4334.
EXHIBIT P2 TRUE COPY OF THE SET OF TIMINGS ISSUED
BY THE 2ND RESPONDENT VIDE ORDER
NO.G75529/2017/EM DATED 31.08.2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C)NO.18478/2020
DATED 09.09.2020.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 27.01.2021 VIDE ORDER
NO.G/89069/2019/EM.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT ON 05.02.2020.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
