IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 15586 of 2007(E) -------------------------------------- PETITIONER: ------------------ C.D.CHACKO, S/O.DEVASSIA, CHITTILAPPILY HOUSE, PULLA KADAVARAM, P.O.PULLAZHI, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.HARIHARAN. RESPONDENTS: ---------------------- 1. REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. * ADDL. RESPONDENTS 3 TO 6 IMPLEADED ADDL. R3: M.PRABHAKARAN, AGED 44, S/O.PRABHAKARAN NAIR, MANAKKANCHARATH HOUSE, KILLIMANGALAM, CHELAKKARA, THRISSUR DISTRICT. ADDL. R4: SMT.SOUBHAGYAM GANGA, AGED 60, W/O.GANGADHARAN, S.G.VILLA, ATHIPOTTA, ALATHUR, PALAKKAD. ADDL. R5: K.SARATH BABU, AGED 32, S/O.VIJAYANUNNI, KOORCHANVEETTIL HOUSE, CHEMBUTHARA, PATTIKAD, THRISSUR. ADDL. R6: K.N.GODASARMAN, AGED 52, S/O.LATE K.C.NARAYANAN NAMBOODIRI, KARIPPAL MANA, NEDUMPURA, CHERUTHURUTHY, TRICHUR DISTRICT. * IMPLEADED AS PER ORDER DATED 25/06/07 IN I.A.8117/07. BY ADV. SRI.P.GOPALAKRISHNA MENON FOR ADDL.R SRI.M.JITHESH MENON FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, ALONG WITH WPC. NO. 3403 OF 2008, WPC NO. 3343 OF 2008 AND W.P.(C). 3358 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).25586/2007-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR HELD ON 04/03/05 AND SIGNED ON 22/03/05. EXT.P2: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03/02/06. EXT.P3: COPY OF THE JUDGMENT IN W.P.(C). NO.13776/2006 DATED 26/09/2006. EXT.P4: COPY OF THE PROCEEDINGS OF THE R.T.A. THRISSUR, RELATING TO ITEM NO.254 ON THE MEETING HELD ON 18/01/2007. EXT.P5: COPY OF THE PROCEEDINGS OF THE SECRETARY R.T.A., THRISSUR MADE ON 23/02/2007. EXT.P6: COPY OF THE COUNTER AFFIDAVIT BY MR.SUBRAMANIAN, SECRETARY, R.T.A., THRISSUR IN CONT. CASE (C) NO.136/2007 DATED 26/02/2007. EXT.P7: COPY OF THE PROCEEDINGS OF THE SECRETARY, R.T.A. THRISSUR PURPORTED MADE ON 24/02/2007. EXT.P8: COPY OF THE ORDER MADE IN MVARP.611/2006 DATED 19/04/2007. EXT.P9: COPY OF THE PROCEEDINGS OF THE SECRETARY, R.T.A., MADE ON 10/05/2007. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE PROCEEDINGS CONTAINING THE TIMINGS IN RESPECT OF KEH-6750 DATED 03/08/90. EXT.R3(b): COPY OF THE TIMINGS IN RESPECT OF KL-8/S.4820 DATED 20/11/2001. EXT.R3(c): COPY OF THE TIMINGS IN RESPECT OF KL-8/A/8984. EXT.R3(d): COPY OF THE TIMINGS IN RESPECT OF KL-8/4343 DATED 14/07/92. EXT.R3(e): COPY OF THE TIMINGS IN RESPECT OF KRZ-8039 DATED 17/04/2000. EXT.R3(f): COPY OF THE TIMINGS IN RESPECT OF KL-9/2053 DATED 14/02/2001. EXT.R3(g): COPY OF THE TIMINGS IN RESPECT OF KL-9/C.1112. EXT.R3(h): COPY OF THE TIMINGS IN RESPECT OF KLB-3589. EXT.R3(i): COPY OF THE TIMINGS IN RESPECT OF KL-9/J.7169. EXT.R3(J): COPY OF THE TIMINGS IN RESPECT OF KEH-6896. // TRUE COPY // P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.3343/08,3358/08,3403/2008 & 15586/2007 ----------------------------------------------------------- Dated this the 18th day of August, 2008 JUDGMENT In the first three writ petitions ,what is under challenge is Ext.P2 produced in WP(c).No.3403/2008, a common order passed by the Secretary, RTA, revising the timings of the 3rd respondent, which is common in the aforesaid three cases. Against the said order of the Secretary, revision petitions filed were rejected by Ext.P17 order produced in WP(c). No.3403/2008. It is challenging the aforesaid two orders, the aforesaid three writ petitions have been filed by the petitioners herein. 2 WP(c).No.15586/2007 is filed by the 3rd respondent in the aforesaid three cases challenging Ext.P7 therein, modifying Ext.P2 order referred above. WP(c).No.3403/2008 & Ors. 2 3. When the matter came up for orders, even the 3rd respondent agrees that the aforesaid orders were issued without due advertence to the relevant considerations and agrees that the matter needs to be reconsidered. 4. In view of the unanimity among all the contesting parties, I dispose of the aforesaid three writ petitions setting aside the impugned orders Exts.P2 and P17 in WP (C).No.3403/2008, which are also impugned in WP(c). Nos.3343/2008 & 3358/2008. 5. For the same reason, Ext.P7 order challenged in WP (c).No.15586/2007 also is set aside. The matter shall stand remitted to the Secretary, RTA for fresh consideration with notice to the parties. The RTA shall consider the matter afresh and pass orders, as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. WP(c).No.3403/2008 & Ors. 3