Rasheed K.M vs The Secretary
2021 Latest Caselaw 22939 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 25884 OF 2021
PETITIONER:

          RASHEED K.M.,S/O. U.MOHAMMED, KARANCHERY HOUSE,
          NEDUMPURA P.O., CHERUTHURUTHY, THRISSUR.

          BY ADV I.DINESH MENON



RESPONDENTS:

    1     THE SECRETARY,REGIONAL TRANSPORT AUTHORITY CUM REGIONAL
          TRANSPORT OFFICER, COLLECTORATE P.O., PALAKKAD-678 001.

    2     THOMAS GEORGE,AGED 66 YEARS,S/O. GEORGE, PALLIKKAL
          HOUSE, YMCA COLONY, SHORNUR, PALAKKAD - 679121

          SR GP SMT.MABLE C.KURIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.25884 OF 2021
                                        2



                                    JUDGMENT

Petitioner and the 2nd respondent are rival stage

carriage operators. Petitioner is aggrieved by the

conduct of operations by 2nd respondent on the basis

of tentative timings issued by the 1 st respondent.

2. It appears that the 2nd respondent was issued

with the provisional set of timings as per

directions of this Court in W.P(C) No.3982 of 2021.

A Division Bench of this Court in W.A Nos.936 of

2021 and 996 of 2021 deprecated grant of provisional

set of timings.

3. I am of the opinion that the issue could be

resolved if a timing conference is held without

delay, to settle the timings of the 2 nd respondent,

and the timings are settled.

Accordingly, the writ petition is allowed

directing the 1st respondent to convene a timing

conference with respect to the timings of 2 nd

respondent and settle the timings as expeditiously

as possible and at any rate within a period of three W.P(C) NO.25884 OF 2021

weeks from today. The 2 nd respondent shall not be

entitled to operate on the basis of the tentative

set of timings presently allotted to him, on expiry

of the said period of three weeks. The timing

conference shall be held with due notice to the

petitioner, the 2nd respondent, and other

interested/affected operators, if any.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.25884 OF 2021

APPENDIX OF WP(C) 25884/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PERMIT OF THE PETITIONER DATED 19.7.2019.

Exhibit P2 TRUE COPY OF THE TIMING ISSUED TO PETITIONER DATED 15.3.2021.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO.15521/2019 DATED 7.6.2019.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 26.4.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.A.NO.936/2021 DATED 9.8.2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.A.NO.996/2021 DATED 9.8.2021.

Exhibit P7 TRUE COPY OF THE REQUEST DATED 6.11.2021.