Sibi vs The Regional Transport ...
2023 Latest Caselaw 11451 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                              WP(C) NO. 37311 OF 2022
PETITIONER/S:

                  SIBI,
                  AGED 39 YEARS
                  S/O.UNNIKRISHNAN, POOKKATT HOUSE, MANALUR P.O.,
                  THRISSUR-680 617.
                  BY ADV I.DINESH MENON


RESPONDENT/S:

       1          THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, *CORRECTED*
                  REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
                  KOTTAYAM- 686 002.*(CORRECTED AS 'REGIONAL TRANSPORT
                  AUTHORITY, REGIONAL TRANSPORT OFFICE,CIVIL STATION P.O,
                  THRISSUR-680003' AS PER ORDER DATED 14/08/2023 IN
                  IA1/2023)
       2          THE SECRETARY *CORRECTED*
                  REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REGIONAL
                  TRANSPORT OFFICE, CIVIL STATION P.O., KOTTAYAM - 686
                  002.(*CORRECTED AS ' THE SECRETARY, REGIONAL TRANSPORT
                  AUTHORITY,REGIONAL TRANSPORT OFFICE,CIVIL STATION P.O,
                  THRISSUR-680003 AS PER ORDER DATED 14/08/2023 IN IA
                  1/2023)
       3          K.P. ANTONY,
                  S/O PAULOSE, KAKKASSERY HOUSE, P.O. MATTAM, THRISSUR -
                  680 602.
       4          NAVEEN KUMAR,
                  MAMPUZHA HOUSE, P.O. KOTTAPPADY, THRISSUR- 686 692.
                  BY ADVS.
                  NAZRIN BANU
                  O.D.SIVADAS


OTHER PRESENT:

                  S. GOPINATHAN-SR.GP
THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C.) No. 37311 of 2022
                                       2


                             JUDGMENT

Dated this the 8th day of November, 2023

Heard Sri.I.Dinesh Menon, learned counsel for the

petitioner, Sri.S.Gopinathan, learned Senior Government Pleader

appearing for the respondents 1 and 2, Ms.Nazirin Banu, learned

counsel appearing for the 3rd respondent and Sri.O.D Sivadas,

learned counsel appearing for the 4th respondent.

2. The present writ petition has been filed under Article

226 of the Constitution of India challenging notice for holding a

timing conference which was initially scheduled to be held on

22.11.2022, for fixing the timing for operation of the stage

carriage of the 4th respondent, for which the 4th respondent had

been granted the regular permit on the route Chavakkad-

Thrissur. An alternate plea has been made in the timing

conference, to consider petitioner's Ext.P12 objection before

taking decision for fixing timing for the stage carriage of the 4 th

respondent.

3. Counter affidavit has been filed on behalf of

respondents 1 and 2. Sri.S.Gopinathan, learned Senior

Government Pleader submits that the petitioner's Ext.P12 W.P(C.) No. 37311 of 2022

objection shall be considered during hearing of the timing

conference.

4. Respondents 3 and 4 did not have any objection for

giving consideration to Ext.P12 objection filed by the petitioner.

Considering the aforesaid submissions, the writ petition is

disposed of with a direction to the respondents 1 and 2, to take a

decision for fixing the timings for operation of the stage carriage

of the 4th respondent within a period of one month, in accordance

with law. The petitioner's objection (Ext.P12) shall also be

considered.

Sd/-

DINESH KUMAR SINGH

JUDGE AP W.P(C.) No. 37311 of 2022

APPENDIX OF WP(C) 37311/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT OF THE PETITIONER Exhibit P2 TRUE COPY OF THE TIMING OF THE PETITIONER DATED 15.7.04 Exhibit P3 TRUE COPY OF THE ORDER IN MVARP NO.10/2021 DATED 23.9.2022.

Exhibit P4 TRUE COPY OF THE TIMINGS ISSUED TO 3RD RESPONDENT DATED 24.2.2021.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS GRANTING REGULAR PERMIT TO THE 4TH RESPONDENT, WITH ENGLISH TRANSALATION Exhibit P6 RUE COPY OF THE PROCEEDINGS GRANTING REGULAR PERMIT TO THE 4TH RESPONDENT, WITH ENGLISH TRANSALATION Exhibit P7 TRUE COPY OF THE TIMING CONFERENCE NOTICE DATED 8.11.2022.

Exhibit P8 TRUE COPY OF THE TIMINGS PROPOSED BY 4TH RESPONDENT, WITH ENGLISH TRANSLATION Exhibit P9 RUE COPY OF THE DETAILS OF VEHICLE KL 08 BD 5957 OBTAINED FROM WEBSITE.

Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN WP[C] NO.26701/2022 DATED 19.8.2022.

Exhibit P11 RUE COPY F THE JUDGMENT IN WP[C] NO.26701/2022 DATED 11.10.2022.

Exhibit P12 TRUE COPY OF THE OBJECTION PREFERRED BY PETITIONER DATED 17.11.2022.