Shaji George vs The Secretary
2024 Latest Caselaw 8768 Ker

Kerala High Court

Shaji George vs The Secretary on 27 March, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                  WP(C) NO. 12473 OF 2024
PETITIONERS:

    1    SHAJI GEORGE
         AGED 59 YEARS
         S/O.GEORGE, VADAKKEKARA HOUE, PAINGOTTOOR P.O.,
         ERNAKULAM DISTRICT., PIN - 686671
    2    JAYAKUMAR VIJAYAN
         AGED 47 YEARS
         S/O. E.S.VIJAYAN, AGED 47,
         EDAKKATTIL HOUSE, PAINGOTTOR P.O.,
         ERNAKULAM DISTRICT., PIN - 683371

         BY ADV P.ABANI


RESPONDENTS:

    1    THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, PAINAVU, IDUKKI, PIN - 685601
    2    JOBY VARGHESE
         AGED 41 YEARS
         S/O.VARGHESE, VEEPPANATTU HOUSE,
         PAINGATTORE P.O., KOTHAMANGALAM,
         ERNAKULAM DISTRICT, PIN - 686671

         BY ADV SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION     (CIVIL) HAVING COME UP       FOR
ADMISSION ON 27.03.2024,    THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) No.12473 of 2024
                              2




                         JUDGMENT

Dated this the 27th day of March, 2024

The 2nd respondent, who is a Stage Carriage Operator

approached this Court filing W.P.(C) No.4080/2024 seeking

revision of timings. The petitioners state that they are also a

Stage Carriage Operators running in the same route and if the

timings as sought for by the 2nd respondent is granted, the

services of the petitioners will be adversely affected. The

petitioners state that the Regional Transport Officer, Idukki

has scheduled Ext.P3 Timing Conference on 02.04.2024.

The petitioners have submitted Ext.P4 objection.

2. Taking into consideration the fact that the Stage

Carriage services of the petitioners and the 2 nd respondent are

operating in the same area and any change in the timings

allotted to the 2nd respondent is likely to adversely affect the

services of the petitioners, it would be only in the interest of

justice that the Regional Transport Officer considers Ext.P4

objection filed by the petitioners also in the Timing Conference

scheduled on 02.04.2024.

The writ petition is therefore disposed of directing the

1st respondent-Secretary, Regional Transport Authority to

consider Ext.P4 objection of the petitioners in the Timing

Conference scheduled to be held on 02.04.2024 or any other

deferred date.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 12473/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TIME SCHEDULE ISSUED BY THE REGIONAL TRANSPORT OFFICE, IDUKKI DATED 08.01.2021 Exhibit P2 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN W.P (C) NO.4080/24 Exhibit P3 TRUE COPY OF THE TIME CONFERENCE SCHEDULED FIXED ON 02.04.2024 DATED 24.02.2024 ISSUED BY REGIONAL TRANSPORT OFFICER, IDUKKI Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.03.2024 OF THE PETITIONERS TO THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE FIR DATED 30.12.23 IN CRIME NO. 813/23 OF POTHANIKKAD POLICE STATION