Aliamma Thomas vs The Secretary, Regional ...
2021 Latest Caselaw 21940 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       WP(C) NO. 16662 OF 2021
PETITIONER:

          ALIAMMA THOMAS,W/O. THOMAS, PAREKKATTIL HOUSE,
          PULIYANAM, ANGAMALY, ERNAKULAM.

          BY ADV I.DINESH MENON



RESPONDENTS:

    1     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          ERNAKULAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION
          P.O., KAKKANAD, ERNAKULAM-682030.

    2     TOGY,S/O. XAVIOR, MANJALY HOUSE, EDALAKKAD,
          MOOKKANNOOR P.O., ANGAMALY, ERNAKULAM.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.16662 OF 2021
                                        2



                               JUDGMENT

The petitioner and the 2nd respondent are stage

carriage operators operating on identical route. The

application submitted by the 2 nd respondent for

variation of permit was granted subject to

settlement of timings. A provisional set of timings

were granted to the 2nd respondent as per orders of

this Court in W.P(C) No.13588 of 2020. The

petitioner has serious objections to the said

timings. He has submitted Ext P4 objections before

the 1st respondent in the said regard. He seeks for

consideration of his objections.

2. The timings of the 2 nd respondent having not

been settled I am of the opinion that it would be

sufficient if the timings of the 2 nd respondent be

settled without delay and with due consideration of

the objections of the petitioner.

3. Accordingly, it is ordered that the 1 st

respondent shall convene a timing conference within

a period of one month from the date of receipt of a W.P(C) NO.16662 OF 2021

copy of this judgment and have the timings of the 2 nd

respondent settled with notice to the petitioner and

2nd respondent and other affected parties and taking

into consideration Ext P4 objections submitted by

the petitioner. It is made clear that the timing

conference could be convened in physical or virtual

mode.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.16662 OF 2021

APPENDIX OF WP(C) 16662/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PERMIT DATED 30.10.2018.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 3.6.2015.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13588/2020 DATED 7.7.2020.

Exhibit P4 TRUE COPY OF THE OBJECTION DATED 3.8.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.1813/2021 DATED 12.2.2021.