High Court Kerala High Court

Joseph Stanley vs The Secretary on 11 August, 2009

Kerala High Court
Joseph Stanley vs The Secretary on 11 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 898 of 2009(F)


1. JOSEPH STANLEY, PANDYALACKAL HOUSE,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, REGIONAL
                       ...       Respondent

2. P.S. THOMAS, PUNNAKKAL HOUSE,

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  :SRI.P.DEEPAK

The Hon'ble MR. Justice V.GIRI

 Dated :11/08/2009

 O R D E R
                             V.GIRI,J.
                      -------------------------
                  W.P ( C) No. 898 of 2009
                      --------------------------
               Dated this the 11th August,2009

                        J U D G M E N T

Petitioner is an existing operator operating on the

route Cherthala- Kaloor currently with stage carriage KL-

02/G 1962. Timing was alloted as per Ext.P1. Second

respondent , a regular permit holder operates on the route

Chellanam-Kaloor with stage carriage KL-04/N 1381.

According to the petitioner, there is an anomaly in the

timings allotted to the 2nd respondent. This is strongly

refuted by the 2nd respondent who submits that the

timings of the 2nd respondent are consistent with the

variation granted to the 2nd respondent on 24.5.2000 which

is endorsed in the permit. This writ petition has been filed

seeking a direction to the 1st respondent to consider and

pass orders on Ext.P3 which allegedly contains a prayer

for rectification of the mistake committed by the 1st

respondent in mentioning the passing time and arrival

time of the service operated by the 2nd respondent.

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2. Second respondent has filed a counter affidavit

pointing out the absence of any anomaly in the timings

allotted to the 2nd respondent.

3. Having heard counsel on both sides, the writ

petition is disposed of directing the 1st respondent to

consider Ext.P3, after notice to the 2nd respondent also and

pass an order thereon, within three months from the date

of receipt of a copy of this judgment. I make it clear that in

the course of passing an order on Ext.P3, the 1st respondent

shall not revise the timings of the 2nd respondent.

(V.GIRI,JUDGE)
ma

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