Jeckson Iype v. The Secretary, Regional Transport Authority, Muvattupuzha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 533 of 2015 (N) -------------------------- PETITIONER :
----------------- JECKSON IYPE, AGED 49 YEARS, NEDUMKALLEL HOUSE, KALOORKKAD P.O., MUVATTUPUZHA, BY HIS POWER OF ATTORNEY HOLDER BROTHER BENNYJOSEPH, NEDUMKALLEL HOUSE, KALLOORKKAD P.O., MUVATTUPUZHA.
BY ADV. SRI.G.PRABHAKARAN RESPONDENTS :
----------------------
1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CUM REGIONAL TRANSPRT OFFICER, MUVATTUPUZHA-686661
2. THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, ERNAKULAM - 682030.
3. PRATHEESH MATHEW, S/O. MATHEW, MADATHIL HOUSE, KAVANA, VAZHAKULAM P.O., MUVATTUPUZHA - 686670 BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 533 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS :
P1:
COPY OF THE TIMINGS OF THE PETITIONER'S SERVICE WITH STAGE CARRIAGE KL 17 /B 8091.
P2:
COPY OF THE TIMINGS OF THE PETITIONER'S SERVICE WITH STAGE CARRIAGE KL 17/J 1224 REPLACED TO EARLIER VEHICLE KLI 4851. P3:
COPY OF THE TIMINGS OF THE PETITIONER'S SERVICE WITH STATE CARRIAGE KL 17/E 4851 REPLACED TO EARLIER VEHICLE KL - 03/999. P4:
COPY OF THE NOTIFICATION WITH ITS NUMBER D3/875/STA/2005 DT 8/11/2011.
P5:
COPY OF THE REQUEST FILED BY THE PETITIONER DT 17/12/2014. P6:
COPY OF THE JUDGMENT DT 9/6/2014 IN WPC NO. 14138/2014. RESPONDENT'S EXHIBITS :
NIL.
//TRUE COPY// P.S. TO JUDGE bp
K. Vinod Chandran, J.
==================================== W.P.(C)No.533 of 2015 ==================================== Dated this the 8th day of December, 2015.
JUDGMENT
Petitioner is the rival operator of the third respondent. Petitioner is running three services, the timings of which are produced at Exts.P1 to P3. The third respondent has now been granted with a permit, the timing conference of which is scheduled on 13.1.2015. Petitioner wants his objections to be heard and also for a direction to the Registering Authority not to settle the timings, in accordance with Ext.P4 circular. In fact, the question of Ext.P4 circular has been decided in W.P.(C)No.2844 of 2013 and such settlement can be brought in only uniformly on the date as notified by the State Transport Authority. In such circumstances, the petitioner's objections would have to be heard and timings settled as it is settled
W.P.(C)No.533 of 2015 -:2:- prior to the coming into force of D3.
Writ petition is disposed off.
K. Vinod Chandran, Judge.
sl.