Sreejith v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 574 of 2015 (V) -------------------------------------- PETITIONER(S) :

------------------------- SREEJITH, AGED 43 YEARS, S/O. GOPALAKRISHNAN NAIR, DEVISADANAM, KUDAVECHOOR P.O., VECHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.P.DEEPAK RESPONDENT(S) :

--------------------------- 1.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 001. * ADDITIONAL R2 IMPLEADED 2.

SURESHKUMAR M.K, REVATHY, KUDAVECHOOR, VECHOOR, VAIKOM.

* ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 21.01.2015 IN I.A.NO.534/2015 # ADDITIONAL R3 IMPLEADED 3.

T.C.THOMAS, THAKADIYIL PARAMBIL, CHANNANIKKADU P.O- 686 533. # ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 21.01.2015 IN I.A.NO.552/2015 @ ADDITIONAL R4 IMPLEADED 4.

K.P.MAHESH, S/O.PARAMESWARAN, MAHESH MANDIRAM, MARIAMTHURUTHU P.O., KOTTAYAM.

@ ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 21.01.2015 IN I.A.NO.675/2015.

R1 BY GOVERNMENT PLEADER SRI.R.RENJITH ADDL.R2 BY ADV. SRI.I.DINESH MENON ADDL.R3 BY ADV. SRI.STALIN PETER DAVIS ADDL.R4 BY ADV. SRI.SAJU J.VALLYARA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.

WP(C).No. 574 of 2015 (V) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

A TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 26.12.2013.

EXHIBIT P2:

A TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 28.05.2010.

EXHIBIT P3:

A TRUE COPY OF THE COMMUNICATION DATED 16.12.2014 OBTAINED UNDER THE RTI, ACT.

EXHIBIT P4:

A TRUE COPY OF THE REPRESENTATION DATED 10.11.2014. RESPONDENT(S)' EXHIBITS ----------------------------------------- EXHIBIT R2(A):

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 31.10.2014.

//TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.574 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of a set of timings sought for, by the petitioner in a regular permit. The Secretary has invited objections on the application filed by the petitioner. The additional 2nd respondent herein submits that he had earlier sought for the very same set of timings and the same was rejected without any objections being called for and his revision against the rejection is pending before the State Transport Appellate Tribunal. The additional 3rd respondent submits that he had been granted the timings; which now the petitioner seeks, in a temporary permit issued pending regular permit application. The additional 3rd respondent submits that he has sought for the very same set of

WPC.No.574/2015 : 2 :

timings in the regular permit. However, the 2nd respondent alertly points out that the issuance of the timings to the additional 3rd respondent can only be after the Tribunal decides his revision. The additional 4th respondent has filed objections before the Secretary and he wants the same to be considered. In the circumstance of the facts stated above, it is for the Secretary to consider the application, looking into various contentions raised by either parties and this Court would not issue any positive directions. Writ petition would stand closed.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge