IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23663 of 2009(C)
1. K.M.NAZEER HUSSAIN,S/O. KUNHARAMMU,
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
2. M.MADHAVAN NAIR, JAYASREE,
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :19/08/2009
O R D E R
V.GIRI, J.
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W.P.(C). No. 23663 OF 2009
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Dated this the 19th day of August 2009.
JUDGMENT
The petitioner is the registered owner of a Stage Carriage
bearing registration No. KL-10/Q-4400, which operates with a
regular permit on the route Palakkad-Kohikode touching
Manjeri. The second respondent is operating his Stage Carriage
on the route Kozhikode-Palakkad. His timings were settled as
per Ext.P1. But later he applied for a revision of his own timings
which was granted under Ext.P2. Ext.P2 was challenged by the
petitioner in M.V.A.R.P.No.254/08 before the State Transport
Appellate Tribunal, Ernakulam. The Tribunal as per Ext.P3 set
aside the order passed by the Secretary, R.T.A. and directed a
resettlement of the timings. Petitioner’s grievance arises out of
the fact that though Ext.P3 order is dated 07.11.2008, the
respondent has not taken further consequential action. Hence
the writ petition.
2. Since the Tribunal has directed resettlement of the
timings of the second respondent as early as on 07.11.2008, the
W.P.(C). No. 23663 OF 2009
2
respondent is bound to take further action, within a reasonable
period. That has not been done.
3. I heard the learned Government Pleader also.
4. The writ petition is disposed of directing the first
respondent to take further action pursuant to Ext.P3 order of the
Tribunal and resettle the timings of the service of the second
respondent as early as possible, at any rate within 2 months from
the date of receipt of a copy of this judgment, after notice to the
second respondent and other affected persons.
Writ petition is disposed of as above.
(V.GIRI)
JUDGE
kkms/