IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 11683 of 2011(I) ------------------------------------- PETITIONERS: --------------------- 1. A.F. DAVIS, AKKARA HOUSE, VENGINISSERY, PARALAM, THRISSUR. 2. P.R. PAVANAN, PARAYANGATTIL HOUSE, P.O. KIZHAKKUMMURI, PERINGOTTUKARA - 680 571. BY ADVS. SRI.P.DEEPAK, SMT.APARNA RAJAN. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY, THRISSUR - 680 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 001. 3. A.A. OUSEPH, ARIMBOOR HOUSE, PADIYAM.P.O, ANTHIKAD, THRISSUR - 680 001. R1 & R2 BY GOVT. PLEADER SRI. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.11683 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2011 J U D G M E N T The petitioners are stage carriage operators, operating stage carriage services on the routes Thrissur-Thriprayar-Ayyanthole and Thrissur-Thriprayar. The 3rd respondent is another stage carriage operator operating a stage carriage service on the route Perinjanam- Adat. The 3rd respondent applied for variation of the permit by sanctioning one additional trip between Thrissur-Thriprayar, by filing Ext.P1 application dated 29.01.2011. He, thereafter filed W.P(C) No.7369/2011 in this Court. By Ext.P6 judgment delivered on 09.3.2011, I disposed of the said writ petition with a direction to the Regional Transport Authority, Thrissur, to consider Ext.P1 application for variation of permit and pass orders thereon, expeditiously, and in any event within one month from the date on which the 3rd respondent respondent produces a certified copy of the judgment. I also observed that it will be open to the Regional Transport Authority to follow the procedure prescribed in Rule 130 of the Kerala Motor Vehicles Rules while taking a decision in the matter. W.P.(C) No. 11683 of 2011 -2- 2. This writ petition is filed seeking a direction to the Regional Transport Authority, Thrissur to consider the representations filed by the petitioners, Exts.P4 and P5 produced herein, while considering the request made by the 3rd respondent in Ext.P1 application for variation. By Ext.P6 judgment, I had only directed the Regional Transport Authority to consider Ext.P1 application for variation submitted by the 3rd respondent within one month from the date on which the petitioner produces a certified copy of Ext.P6 judgment. I did not shut out the right of rival stage carriage operators to object to the application filed by the 2nd respondent, or prevent the Regional Transport Authority from entertaining objections. At that was done, was to direct expeditious action on the application for variation of permit. In such circumstances, I am of the opinion that the Regional Transport Authority should consider the objections, if any received from other stage carriage operators to the request made by the 3rd respondent in Ext.P1 application for variation. I, accordingly, dispose of this writ petition with a direction that if as on today, the direction in Ext.P6 judgment has not been complied with by the W.P.(C) No. 11683 of 2011 -3- Regional Transport Authority, the Regional Transport Authority shall consider the objections raised by the petitioners herein and other stage carriage operators to the request made by the 3rd respondent in Ext.1 application, if such objections are raised prior to the date of consideration of the application for variation of the permit submitted by the 3rd respondent. If the 1st respondent feels that in view of the objections raised by the petitioners and other stage carriage operators it requires more time to comply with the directions in Ext.P6 judgment, it will be open to the 1st respondent to move this Court seeking enlargement of time to comply with Ext.P6 judgment. Sd/- P.N.RAVINDRAN JUDGE //TRUE COPY// P.A. TO JUDGE KRK