IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 13161 of 2009(M) -------------------------- PETITIONER(S): --------------- P.D.ROY, PONMANY HOUSE, MANAKKODY, THRISSUR DISTRICT. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): 1 ---------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THSISSUR. 2. K.P.ANANDAN, KURIAKKOT HOUSE, P.O.PURANATTUKARA, THRISSUR. 3. T.L.LONA, THEKKEKARA HOUSE, CHITTILAPPILLY, THRISSUR. BY GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADV. SRI.G.PRABHAKARAN FOR R2 SRI.P.GOPALAKRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13161 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT ISSUING TIMINGS AS PER ORDER DATED 4.10.1996. EXT.P2 - COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 26.11.1996. EXT.P3 - COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 5.12.2003 EXT.P4 - COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 17.7.2008. EXT.P5 - COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 27.8.2008. EXT.P6 - COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT ISSUING TIMINGS IN RESPECT OF STAGE CARRIAGE KL-08/E/3025 DATED 30.4.2003. EXT.P7 - COPY OF THE REVISION MEMORANDUM AS MVARP NO. 355/2008 FILED BEFORE THE S.T.A.T. DATED 16.10.2008. EXT.P8 - COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE S.T.A.T. IN MVARP NO. 355/2008 DATED 27.2.2009. EXT.P9 - COPYOF THE ORDER OF THE S.T.A.T. ERNAKULAM IN MVARP NO. 355/2008 DATED 7.4.2009. RESPONDENTS'EXHIBITS: EXT.R2(a) - COPY OF THE JUDGMENT DATED 15.12.2006 IN WPC 32557/06. EXT.R2(b) - COPY OF THE REPLY AFFIDAVIT DATED 4.3.2009. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 13161 of 2009 ................................................. Dated this the 26th day of October, 2009 J U D G M E N T The petitioner is a stage carriage operator, holding a regular permit to operate service on the route Thrissur - Manacode - Kattakampal - Guruvayur. The timings of that service was settled by Ext.P1 proceedings dated 4.10.1996. The departure time for the petitioner's service from Guruvayur for the evening trip was fixed as 7.47 pm. The 3rd respondent is another operator conducting service on the route Thrissur - Manacody - Kattakampal - Guruvayur, who is a senior operator. He objected to the allotment of timings of 7.47 pm to the petitioner on the reasoning that the departure time for his service is 7.53 p.m. and as a senior operator, he is entitled to priority in timings. In view of his objection, a hearing was conducted by the 1st respondent and the timings of the petitioner's service and the 3rd respondent's service in respect of the departure time for evening was interchanged giving 7.47 pm to the 3rd respondent and 7.53p.m to the petitioner. Subsequently, when the departure time in respect of the W.P(C) No. 13161 of 2009 -2- petitioner's noon trip had to be slightly changed, the 1st respondent noted departure timing of the petitioner's service from Guruvayur for the evening trip as 7.45 pm instead of 7.53 pm, as is evident from Ext.P3 dated 5.12.2008. Citing this as a mistake, the petitioner filed a petition before the 1st respondent to correct the same after issuing Ext.P4 notice inviting objections and representations from affected persons, by Ext.P5 proceedings dated 27.8.2008 the departure time of the petitioner for the evening trip was again fixed as 7.53 itself. The 2nd respondent challenged the same by filing M.V.A.R.P. No. 355 of 2008 before the State Transport Appellate Tribunal alleging that Ext.P5 order has been issued without hearing him who is the senior operator entitled to be heard in the matter. The Tribunal, holding that Ext.P3 is an order granting a set of timings to the petitioner and therefore issuance of Ext.P5 amounts to review of that order for which the Secretary has no jurisidiction, set aside Ext.P5 order. Further the petitioner was directed to operate during the evening trip with the timing 7.57 pm which is the same timing of the 3rd respondent. It is under the above circumstances, the petitioner has filed this writ petition W.P(C) No. 13161 of 2009 -3- challenging Ext.P9 order of the Tribunal, seeking the following reliefs: “i) to call for the records leading to the case and quash Exhibit P9 by the issuance of a writ of certiorari or any other appropriate writ, direction or order; ii) to declare that the petitioner is entitled to continue his service with the departure time 7.53 pm. from Guruvayur in respect of his stage carriage KL-08/E 3733 operating on the route Thrissur - Manacody - Kattakampal - Guruvayur; iii) to stay the operation and all proceedings pursuant to Exhibit P9, pending disposal of the Writ Petition;” 2. I have heard the parties concerned. 3. The learned Government Pleader would submit that the change of the petitioner's timings from 7.47 to 7.53 was not actually issued to the petitioner and therefore there was some misrepresentation on the part of the petitioner in the matter. But at the same time, it is not disputed before me that the 3rd respondent is a senior operator than the petitioner and therefore he is entitled to preference in timings regarding evening trip. If that be so, there is some confusion in the matter, which can be resolved by convening another timing conference and deciding the matter afresh after hearing all concerned. Accordingly, Ext.P9 is quashed and the 1st respondent is directed to convene a W.P(C) No. 13161 of 2009 -4- timing conference and settle the timings of petitioner and respondents 2 and 3 in respect of the departure time from Guruvayur for the evening trip after hearing all concerned. Above exercise shall be completed, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till then, status quo as on today shall be maintained. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs