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High Court of KeralaWP(C)/10668/2015disposed of

Jayanand v. The Secretary

2015-04-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No.10668 of 2015 (G) ------------------------------------- PETITIONER:

-------------------- JAYANAND,CHIRAKKAL HOUSE, JAYESH NIVAS,CHERPPU P.O.,THRISSUR.

BY ADV.SRI.K.V.GOPINATHAN NAIR RESPONDENT:

---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,PIN-676505.

BY GOVERNMENT PLEADER SRI.R.RANJITH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

W.P(C) NO.10668/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 30.3.2011.

EXT.P2:TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 20.1.2015 ISSUED TO THE PETITIONER.

EXT.P3:TRUE COPYOF THE POSTAL COVER SEND FROM THE OFFICE OF THE RESPONDENT TO THE PETITIONER.

EXT.P4:TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P(C) NO.4399/2015 DATED 25.2.2015.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.10668 of 2015 - G ====================== Dated this the 6th day of April, 2015

J U D G M E N T

The petitioner was operating on timing settled as per Ext.P1, when the petitioner is said to have received a communication by post, settling his timing as per Order No. D3/875/STA/2005 (D3 Circular) dated 08.11.2011, which is evidenced by Ext.P2. The petitioner challenges the same on the ground that the petitioner was never issued with a notice and there was no proper timing conference convened and also that timing is accordance with D3, if at all settled, could be implemented only when the State Transport Appellate Tribunal notifies a date for uniform implementation.

2. For the short ground that Ext.P2 was issued without notice, the same has to be set aside. The petitioner will be allowed to operate as per Ext.P1. If at all the

W.P.(C) No.10668 of 2015 - G Secretary, RTA proposes to settle the timings as per D3 Circular, then, notice will be issued. Such proceedings can go on, but, however, again the implementation as per D3 Circular shall be only on the notified date as per D3 Circular.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge