IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15977 of 2009(N) -------------------------- PETITIONER(S): --------------- GOKULDAS, VADAKKEVEEDU, KALLEPPULLY, P.O.KAVASSERY, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. 2. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15977/2009 -------------------- Dated this the 10th day of June, 2009 JUDGMENT Petitioner is a registered owner of a stage carriage, timings of which were settled on 11.6.2007. He applied for a revision of his own timings in terms of Rule 145(7) of the Motor Vehicles Rules. Same was directed to be considered by the 3rd respondent under Ext.P1 judgment. Timing conference was convened. Petitioner's request was not considered on merits. A Revision was preferred before the Tribunal and the Tribunal declined to interfere with Ext.P3 order of the Secretary, RTA, and dismissed the Revision which has been challenged in this writ petition. 2. I heard learned Government Pleader also. I have perused Ext.P4 order. It is true that the petitioner's contentions on merits have not been considered by the revisional authority. Further it is not as if the revisional authority should have W.P.(C).15977/09 2 proceeded to accept the revision of the timings as suggested by the petitioner. If the Revisional authority is inclined to accept the contentions of the petitioner, matter should be remitted back to the Original authority and in that view of the matter, absence of the rival operators, in the revision, should not have deterred the revisional authority from considering the petitioner's contentions on merits. 3. Accordingly, Ext.P4 is set aside. State Transport Appellate Tribunal is directed to pass fresh orders in M.V.A.R.P.71/2009 in the light of the observations contained in the judgment within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs