High Court Kerala High Court

M.P.Joy vs The Secretary on 7 October, 2010

Kerala High Court
M.P.Joy vs The Secretary on 7 October, 2010
       

  

  

 
 
  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.
                   --------------------------------------------
                       W.P.(C). NO.26058 OF 2010
                   --------------------------------------------
                  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