IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33044 of 2010(E)
1. MATHUNNI PANICKER,PUTHEVILA VEEDU,
... Petitioner
Vs
1. THE SECRETARY,REGIONAL TRANSPORT
... Respondent
For Petitioner :SRI.G.PRABHAKARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/01/2011
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 33044 OF 2010
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Dated this the 3rd day of January, 2011
J U D G M E N T
The petitioner is a stage carriage operator operating a stage
carriage on the route Kollam Andamukkam-Vilakkupara. The stage
carriage permit was issued way back in the year 1969 and is being
periodically renewed. In this writ petition, the petitioner challenges
the settlement of timings made by the Secretary of Regional
Transport Authority, Kollam in Ext.P3 order dated 5.3.1999. The
main contention raised is that Ext.P3 order was passed on the basis
of Circular No.3/97 dated 31.5.1997, that the said circular was
quashed by a Division Bench of this Court by judgment delivered on
17.5.2005 in O.P. No.12774 of 1997 and therefore, Ext.P3 order
which was issued on the basis of the said circular is liable to be
quashed.
2. Circular No.3/97 dated 31.5.1997 was set aside by a
Division Bench of this Court by judgment delivered on 17.5.2005. If
the petitioner was aggrieved by Ext.P3, he ought to have challenged
the same in other appropriate proceedings. The petitioner cannot,
nearly twelve years after the timings were settled, challenge the
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settlement of timings, which was effected on the basis of a circular,
on the ground that it was quashed by this Court in the year 2005.
The challenge to Ext.P3 is in my opinion highly belated. If what the
petitioner desires is a change in the timings, his remedy is to move
for change of timings under rule 145 of the Kerala Motor Vehicles
Rules. Without prejudice to that right, this writ petition is dismissed.
P.N.RAVINDRAN,
(JUDGE)
vps
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