IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 RP.No. 1331 of 2008(C) ---------------------------- (AGAINST JUDGMENT DT. 21.10.2008 IN W.P.(C) No.28377/08) ................. REVIEW PETITIONER : (3RD PARTY) --------------------------- K.C. VARKEY, S/O. CHACKO, AGED 66 YEARS, RESIDING AT KUNNATHOOR HOUSE, ALAPURAM P.O., ELANJI P.O. BY ADV. SRI.THOMAS K.C.KUNNATHOOR SRI. P.C. HARIDAS RESPONDENTS/ WRIT PETITIONER AND RESPONDENT IN W.P.(C) No. 28377/08: --------------------------- 1. VISWANATHA MENON, MANGAYIL HOUSE, ETTUMANOOR P.O., KOTTAYAM. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM. GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- R.P.1331/2008 in W.P.(C).28377/2008 -------------------- Dated this the 10th day of December, 2008 ORDER The direction issued in the judgment contemplated that the Secretary, RTA, passing an order on the maintainability of Ext.P3 application, in the light of Rule 212 read with Rule 145(7) of the Motor Vehicles Rules. Obviously, the plea for revision of timings, at the instance of the writ petitioner, can be considered only after an order is passed on Ext.P3 and such order should also be made available to the objectors, in the timing conference. He cannot proceed to consider the plea for revision of timings, put forward by the writ petitioner without passing an order on the maintainability of Ext.P3. This aspect requires to be clarified and it is so clarified. In the circumstances, Review Petition is disposed of clarifying that the Secretary, RTA shall first consider Ext.P3 and pass an order on its maintainability and on an application by the review R.P.1331/2008 2 petitioner, such order should also be supplied to him. If the request, contained in Ext.P3, is found to be maintainable, then, the same shall be posted in a timing conference to be considered along with the objections by any other operators and then timings may be settled after considering such objections by the rival operators. V.GIRI, Judge mrcs