IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 26058 of 2010(F) -------------------------- PETITIONER : ----------------- M.P.JOY, MEKKATTIL HOUSE, P.O.ELANAD, THRISSUR. BY ADV. SRI. A. INEES RESPONDENT: -------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR – 680 001. BY GOVT. PLEADER SRI. K.C. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26058 of 2010(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE R.T.A., THRISSUR DATED 11-05-2010 IN ITEM NO. 17. EXT.P2: COPY OF THE COVERING LETTER DATED 29-5-2010 SUBMITTED BY THE PETITIONER ALONG WITH THE CURRENT RECORDS OF HIS VEHICLE KL-48/9741. EXT.P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 6-8-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.26058 OF 2010 -------------------------------------------- Dated this the 7th day of October, 2010 JUDGMENT The petitioner is an existing stage carriage operator on the route Elanad-Thrissur Earlier, he has submitted an application for variation of permit. The said request for variation was granted as per Ext.P1, subject to settlement of timings. The grievance of the petitioner is that despite the grant of variation as sought for, the timings are yet to be settled. There cannot be any doubt that when an application for variation has been granted by an authority subject to settlement of timings, the authority competent to settle the same has to settle the timings taking note of the variation granted. In this Writ Petition, one Sri.M.Prabhakaran and one Sri.M.Unnikrishnan who are existing operators on the route have filed I.A.No.12717/2010 for getting themselves impleaded as additional respondents 2 and 3 in the Writ Petition. In view of the order I propose to pass in this Writ Petition as also considering the fact that this Writ Petition has not been admitted, I do not think it necessary to allow the said I.A. Accordingly, this Writ Petition is disposed of as hereunder:- The respondent is directed to settle the timings taking note of W.P.(C) NO.26058/2010 2 Ext.P1. However, the same shall be settled only with notice to the petitioners and the aforesaid Sr.M.Prabhakaran and Sri.M.Unnikrishnan, the petitioners in I.A.No.12717/2010 as also other operators on the route. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.26058/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.26058/2010 4