IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 7517 of 2011(L) --------------------------------------- PETITIONER(S): ----------------------- 1. A.U.THILAKAN, ARANAKKAL HOUSE, P.O.NANDIPULAM, THRISSUR. 2. M.L.JOHNY, MANGALAM HOUSE, P.O.NANDIPULAM, THRISSUR. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR REPRESENTED BY ITS SECRETARY, PIN-680 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, PIN-680 001. 3. STEPHEN, S/O.ANTONY, PIDIYATH HOUSE, THALORE, THRISSUR DISTRICT, PIN-680 001. R1 & R2 BY GOVERNMENT PLEADER SRI. P.M.MANOJ R3 BY ADV. SRI.P.GOPALAKRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7517/2011 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DTD. 26/08/2009. P2: COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DTD. 26/08/2009. P3: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC.NO.14218/2010 DTD. 4/05/2010. P4: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DTD. 15/11/2010. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 14/03/2011. R3(B): COPY OF THE EXPLANATION SUBMITTED BY THE 3RD RESPONDENT DTD. 1/04/2011. /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.7517 of 2011 ------------------------------- Dated this the 1st day of August, 2011 J U D G M E N T The petitioners are stage carriage operators operating stage carriges on the route Vellikulangara-Thrissur and Palappilly- Thrissur respectively on the strength of regular permits. The third respondent is yet another stage carriage operator who is operating a stage carriage on the route Karikulam-Thrissur. It is stated that though in June, 2008, the third respondent was granted permission to replace the stage carriage with a later model vehicle, such replacement was not effected and he was not operating the vehicle thereafter. It is stated that while matters stood thus, the third respondent applied for variation of the permit, that on coming to know of the same, petitioners filed Exts.P1 and P2 objections, that pursuant to the direction issued by this Court in Ext.P3 judgment, the Regional Transport Authority, Thrissur that met on 15.11.2010 considered the third respondent's application for variation and the objection submitted by the petitioners and decided to issue show cause notice to the third respondent to show cause why the permit issued to him should not be cancelled. This writ petition is filed contending that though several months have passed thereafter, till date, the proceedings initiated W.P.(C) No.7517 of 2011 2 under rule 152 of the Kerala Motor Vehicles Rules against the third respondent have not been finalised. 2. The third respondent has filed a counter affidavit and produced along with it as Ext.R3(a) the show cause notice issued by the second respondent pursuant to Ext.P4 proceedings and Ext.R3(b) objections dated 1.4.2011 filed by him on receipt of Ext.R3(a) show cause notice. The third respondent has also stated that since the second respondent has initiated further proceedings by issuing Ext.R3 (a) notice, the petitioners cannot have any reason to be aggrieved. 3. I heard Smt.Chitra.G.,learned counsel appearing for the petitioners, Sri.P.M.Manoj, learned Government Pleader appearing for respondents 1 and 2 and Sri.M.Jithesh Menon, learned counsel appearing for the third respondent. I have also considered the pleadings and the materials on record. From a reading of the writ petition, it is evident that the only greivance projected by the petitioners is that though the Regional Transport Authority has decided to proceed against the third respondent for not operating the stage carriage after obtaining the permit for several months, till date, further steps have not been taken pursuant to that decision. Ext.R3 (a) show cause notice dated 14.3.2011 issued by the second respondent discloses that it was issued pursuant to Ext.P4 W.P.(C) No.7517 of 2011 3 proceedings of the Regional Transport Authority. May be it was issued after the instant writ petition was filed on 9.3.2011. However, the fact remains that pursuant to Ext.P4 proceedings of the Regional Transport Authority, the second respondent has issued a notice calling upon the third respondent to show cause why the permit issued to him should not be cancelled. More than four months have passed thereafter. In such circumstances, I dispose of the writ petition with a direction to the second respondent to finalise the proceedings initiated by him by passing appropriate orders in the matter, after affording the third respondent an opportunity of being heard expeditiously and in any event within three months from the date of receipt of a certified copy of this judgment. P.N. RAVINDRAN, JUDGE. nj.