IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 5869 of 2009(C) --------------------------------------- PETITIONER(S): ------------------------- K.C.VARKEY, KUNNATHOOR HOUSE, MAVELLOOR PO., KOTTAYAM. BY ADV. SRI.THOMAS K.C.KUNNATHOOR RESPONDENT(S): --------------------------- 1. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 3. C.R.MANOHARAN, KARAYATHARA HOUSE, POONITHURA PO., ERNAKULAM. 4. SIBI JOHN, PULINGAPPALLIL HOUSE, ETTUMANOOR P.O., KOTTAYAM. 5. TOMY CHANDY, VALIYAPARAMBIL HOUSE, THIRUVAMPADY, NEEZHOOR, KOTTAYAM. 6. M.V.THOMAS, MEENKOLIL HOUSE, THAMARACHAL, KIZHAKKAMBALAM, ERNAKULAM. 7. JOHN THOMAS, MYALIL HOUSE, KALLARA SOUTH PO., VAIKOM. 8. G.PRAKASH, ASSISTANT REGISTRAR, MAHATAMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. 9. J.JOSEPH, PRESIDENT, ATHIRAMPUZHA GRAMA PANCHAYATH, ATHIRAMPUZHA. R3 BY ADV. SRI.SAJEEV KUMAR K.GOPAL R4 BY ADV. SRI. K.V.GOPINATHAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5869/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TIMINGS WIT WHICH THE PETITIONER OPERATING THE SERVICE. P2: COPY OF THE TIMINGS AND THE PROCEEDINGS ISSUED AS PER ORDER DTD. 13/11/2007. P3: COPY OF THE REPRESENTATION DTD. 14/11/2007 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. P4: COPY OF THE REVISION MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS M.V.A.R.P.576/07. P5: COPY OF THE ORDER DTD. 24/12/2007 PASSED BY SECRETARY, RTA, ERNAKULAM. P6: COPY OF THE REVISION PETITION FILED BY THE THIRD RESPONDENT BEFORE THE 1ST RESPONDENT AS M.V.A.R.P. 137/08. P7: COPY OF THE COMMON JUDGMENT OF THE 1ST RESPONDENT DTD. 4/06/2008. P8: COPY OF WPC.NO.20793/08. P9: COPY OF THE WPC.NO.24764/08. P10: COPY OF THE COMMON JUDGMENT IN WPC.NO.20793/08 AND WPC.NO.24764/08 DTD. 5/11/2008. P11: COPY OF THE COMMON ORDER OF THE 1ST RESPONDENT DTD. 16/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 5869 OF 2009 C ----------------------------------------------------------- Dated this the 11th June, 2010. JUDGMENT The petitioner has filed this writ petition challenging Ext.P2 order by which the timings of the third respondent have been settled. According to the petitioner, he was not heard before Ext.P2 was issued. Therefore he challenged Ext.P2 before the State Transport Appellate Tribunal (STAT for short). He also submitted Ext.P3 representation. The STAT dismissed petitioner's revision petition by Ext.P11. The petitioner has therefore challenged Ext.P11 in this writ petition. 2. The counsel for the petitioner has produced the judgment of this Court dated 26/3/2010 in W.P(C)10369/2010 by which a direction has been issued to the second respondent to consider the request of the third respondent for the revision of his own timings and to pass appropriate orders thereon within a period of two months of the date of the said judgment. It is submitted that, pursuant to the said judgment a timing conference is scheduled to be held on 15/6/2010. Therefore, the counsel for the petitioner submits that this writ petition may be disposed of directing the objections of the petitioner also to be considered while finalising WPC 5869/2009 2 the timings of the third respondent. Adv. K.V.Gopinathan Nair who appears for the fourth respondent has no objection to such a direction being issued. I have heard the learned senior Govt. Pleader also. 3. In the above circumstances this writ petition is disposed of directing the second respondent to consider the objections of the petitioner contained in Ext.P3 also, while finalising the timings of the third respondent in compliance with the directions contained in the judgment of this Court in W.P(C) 10396/2010. K. SURENDRA MOHAN Judge jj WPC 5869/2009 3