IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26058 of 2010(F)
1. M.P.JOY, MEKKATTIL HOUSE,
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
For Petitioner :SRI.A.INEES
For Respondent :SRI.P.GOPALAKRISHNA MENON
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :07/10/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.26058 OF 2010
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Dated this the 7th day of October, 2010
JUDGMENT
The petitioner is an existing stage carriage operator on the route
Elanad-Thrissur Earlier, he has submitted an application for variation of
permit. The said request for variation was granted as per Ext.P1, subject to
settlement of timings. The grievance of the petitioner is that despite the
grant of variation as sought for, the timings are yet to be settled. There
cannot be any doubt that when an application for variation has been
granted by an authority subject to settlement of timings, the authority
competent to settle the same has to settle the timings taking note of the
variation granted. In this Writ Petition, one Sri.M.Prabhakaran and one
Sri.M.Unnikrishnan who are existing operators on the route have filed
I.A.No.12717/2010 for getting themselves impleaded as additional
respondents 2 and 3 in the Writ Petition. In view of the order I propose to
pass in this Writ Petition as also considering the fact that this Writ Petition
has not been admitted, I do not think it necessary to allow the said I.A.
Accordingly, this Writ Petition is disposed of as hereunder:-
The respondent is directed to settle the timings taking note of
W.P.(C) NO.26058/2010 2
Ext.P1. However, the same shall be settled only with notice to the
petitioners and the aforesaid Sr.M.Prabhakaran and Sri.M.Unnikrishnan,
the petitioners in I.A.No.12717/2010 as also other operators on the route.
This shall be done expeditiously, at any rate, within a period of two
months from the date of receipt of a copy of this judgment.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.26058/2010 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.26058/2010 4