High Court of KeralaWP(C)/9779/2015disposed of

Rasheed.A. v. The Secretary, Rta, Palakkad

2015-04-09Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 W.P.(C).No.9779 of 2015 (V) ------------------------------------------------- PETITIONER(S):- --------------------------

1. RASHEED. A., AGED 29 YEARS, S/O.ABDUL KHADER, SHAREENA MANZIL, ANJUMOORTHY P.O., ANAKKAPARA, ALATHUR, PALAKKAD DISTRICT.

2. V.M KABER, AGED 54 YEARS, S/O.V.A MUTHU, 12/17, THAVAKKAL MANZIL, KAMMANTHARA, VADAKKANCHERY, PALAKKAD - 678 683. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):- ----------------------------

1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678 001.

2. RAJENDRAN, AGED 48 YEARS, OLAPPURAKKAL HOUSE, PADOOR P.O, ALATHUR, PALAKKAD 678 514..

R1 BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR. R2 BY ADV. SRI.I.DINESH MENON.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.9779 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHBIIT P1 TRUE COPY OF THE PROCEDINGS SETTLING TIMINGS WITH RESPECT TO THE VEHICLE BEARING REGISTRATION NO KL 49 9799.

EXHBIIT P2 TRUE COPY OF THE PROCEEDINGS SETTING TIMINGS WITH RESPECT TO THE VEHICLE BEARING REGISTRTION NO KL 49D-9909.

EXHBITI P3 TRUE COPY OF THE ORDER NO G1/130091/2014/P DATED 22-11-2014 PASSED BY THE SECRETARY,RTA,PALAKKAD. EXHBIIT P4 TRUE COPY OF THE TIMING OBJECTION FILED BY THE 1ST PETITIONER.

EXHBIIT P5 TRUE COPY OF THE OBJECTIOND ATED 29-01-2015 SUBMITTED BY THE PETITIONERE BEFORE THE 1ST RESPONDENT. EXHBIIT P6 TRUE COPY OF THE NOTICE FOR TIMINGS CONFERENCE SCHEDULED ON 26-12-2014 BY THE 1ST RESPONDENT FOR VARIOUS NEW SERVICES GRANTED BY THE RTA, PALAKKAD. EXHBIIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE TIMING CONFERENCE SCHEDULED TO NE HELD RELATING TO THE 2ND RESPONDENT SERVICE ON 22-05-2015.

EXHBIIT P8 TRUE COPY OF THE PROCEEDIGNS DATED 17-03-2015 ISSUED BY THE 1ST RESPONDENT RE-ISSUING TEMPORARY PERMIT TO THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:- ------------------------------------------ NIL.

Vku/- [ true copy ]

K.Vinod Chandran, J.

--------------------------------------- W.P.(C).No.9779 of 2015-V --------------------------------------- Dated this the 09th day of April, 2015

JUDGMENT

The petitioner is aggrieved with the timings to the 2nd respondent not being settled in a validly convened timing conference.

2. The 2nd respondent was granted with a regular permit in August, 2014 and on the delay of issuance of the permit, the 2nd respondent was before this Court. This Court directed settlement of the timings within a time frame and also directed issuance of the permit on the proposed set of timings, if the final settlement is not made within that time. The petitioners, rival operators of the 2nd respondent, contend that the 2nd respondent has been operating on the proposed set of timings and the Secretary, R.T.A. has not thought it fit to convene a timing conference despite the issuance being subject to final settlement. Any how, it is submitted that now a timing conference is scheduled on 22.05.2015. In such circumstance, definitely the timings shall be settled on 22.05.2015 itself. The writ petition is disposed of as above.

Sd/- K.Vinod Chandran, Judge vku.

[ true copy ]