Dandis Alex vs The Secretary
2022 Latest Caselaw 10463 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                   WP(C) NO. 31792 OF 2022
PETITIONER/S:

          DANDIS ALEX
          AGED 45 YEARS
          S/O.JOSEPH ALEXANDER, THENGUMPALLIKUNNEL,
          PAYAPPAR.P.O, KOTTAYAM DISTRICT-686651.
          BY ADVS.
          M.JITHESH MENON
          P.G.MAHESHKUMAR


RESPONDENT/S:

    1     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, CIVIL
          STATION, KOTTAYAM-686002.
    2     SUNNY ABRAHAM,
          S/O.LATE ABRAHAM, THOTTICHIRAYIL HOUSE,
          PRIYADARSINI., VAIKOM, KOTTAYAM,PIN-686002

OTHER PRESENT:

          0
          GP JIMMY GEORGE


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 31792 of 2022                 2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No. 31792 of 2022
                     --------------------------------------
                Dated this the 7th day of October, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider Ext.P5 objection submitted by the petitioner at the time of convening the timing conference for the purpose of considering the request submitted by the 2nd respondent for revision of his timings.

(ii) To issue such other appropriate writ, direction or order which this Honourable Court deem fit and proper in the circumstances of the case.

(iii) To award the petitioner the costs of this proceedings." [SIC]

2. The petitioner is a stage carriage operator

conducting service on the route Pala-Vaikom by stage carriage

KL-05-W-66 and KL-36-6018 with alternate starting and halting.

The 2nd respondent is an operator on the route Pala-Vyttila Hub-

Ernakulam by stage carriage KL-36/8586. The application for

renewal submitted by the 2nd respondent has been rejected by

the Regional Transport Authority, Kottayam on the ground of

scheme of nationalization and he is presently continuing

operation on the strength of an order passed by the State

Transport Appellate Authority. The 2nd respondent has

submitted a request for revision of his timings which was

issued vide order dated 28.2.2014 in compliance with D3

circular of the State Transport Authority, Thiruvananthapuram.

It is the case of the petitioner that no request for revision of

timing is maintainable presently on account of the application

for renewal submitted by him having been rejected. However,

this Court directed to consider the revision of timing as per the

judgment in W.P.(C.) No. 25523/2022. Hence, the petitioner

submitted Ext.P5 objection. The petitioner want to consider his

objection also while deciding the matter as directed by this

Court.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. After hearing both sides, I think the prayers in this

writ petition can be allowed.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider Ext.P5

objection while deciding the matter regarding the

revision of timings based on the judgment in W.P.(C.)

No.25523/2022.

2) The writ petition is disposed without issuing notice to

the 2nd respondent. If the 2nd respondent is aggrieved

by this order, the 2nd respondent is free to file review

petition before this Court.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 31792/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TIMINGS ISSUED IN RESPECT OF STAGE CARRIAGE KL-05-W-66 ISSUED ON 17- 10-1998.

Exhibit P2 RUE COPY OF THE TIMINGS ISSUED IN RESPECT OF STAGE CARRIAGE KL-36-6018 ISSUED ON 10- 10-2001 Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM DATED 27-6-2019 Exhibit P4 TRUE COPY OF THE TIMINGS WITH WHICH THE 2ND RESPONDENT IS OPERATING ON THE ROUTE IN QUESTION DATED 28-2-2014 Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22-9-2022.

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 27-9-2022.