IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WA.No. 317 of 2011() --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2670/2011 Dated 16/02/2011 .................... APPELLANT(S): THIRD PARTIES -------------------------------------------- 1. DANIEL GEORGE, KALLUVILA VEEDU, MARUTHAMPALLI, POOYAPPALLY, KOTTARAKKARA. 2. SHANTAMMA B.PILLAI, AJITH BHAVAN, KOMALLOOR P.O., CHUNAKKARA, MAVELIKKARA. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): PETITIONER & RESPONDENT IN WPC -------------------------------------------------------------------------------- 1. AJOY L.S., LAKSHMI VILASOM, THIRUVONAM, KIZHAKKENADA, CHENGANNUR, PIN-689121. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, CIVIL STATION, ALAPPUZHA, PIN-688001. ADV.SRI.STALINPETER DAVIS FOR R1 GOVT.PLEADER SRI.BENNY GERVASIS FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No.317 of 2011 ---------------------------------------------- Dated this the 4th day of March, 2011 JUDGMENT J. Chelameswar, C.J This Writ Appeal is filed with the following prayer: “For these and other grounds to be urged at the time of hearing, it is most humbly prayed that this Hon'ble Court may be pleased to call for the records leading to the judgment of the learned Single Judge in W.P.(C).No.2670 of 2011 dated 16.2.2011, quash the same and be pleased to direct the 2nd respondent to issue the Regular Permit to the 1st respondent granted vide Exhibit P1 order only after settlement of timings in accordance with Rule 212 of the Kerala Motor Vehicle Rules after hearing the appellants and other affected operators within a time to be stipulated by this Hon'ble Court.” 2. Advocate Sri.Stalin Peter Davis appears for the first respondent and the Government Pleader appears for the second respondent. 3. The issue raised in this Writ Appeal is the same as the issue covered by W.A.No.301 of 2011. The only point of difference is that the appellants are different in the instant Writ Appeal. The WA.317/11 2 appellants are operating stage carriages on the routes which overlap some extent on the routes covered by the permits granted in favour of the first respondent. In the circumstances, this Appeal is also disposed of with the same direction as granted in W.A.No.301 of 2011. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE vgs WA.317/11 3 J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- I.A.No. 155 of 2011 in W.A.No.317of 2011 ---------------------------------------------- Dated this the 4th day of March, 2011 O R D E R J.Chelameswar, CJ. Accepting the affidavit filed in support of the application for leave, leave is granted. The Registry is directed to number the appeal. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE vgs