IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 33044 of 2010(E) -------------------------- PETITIONER: ------------------- MATHUNNI PANICKER, PUTHEVILA VEEDU, KUNDARA PO, KOLLAM. BY ADV. SRI.G.PRABHAKARAN RESPONDENT: -------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY/REGIONAL TRANSPORT OFFICER, KOLLAM 691OO1 BY GOVERNMENT PLEADER, SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33044 OF 2010 -------------------------- Dated this the 3rd day of January, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Kollam Andamukkam-Vilakkupara. The stage carriage permit was issued way back in the year 1969 and is being periodically renewed. In this writ petition, the petitioner challenges the settlement of timings made by the Secretary of Regional Transport Authority, Kollam in Ext.P3 order dated 5.3.1999. The main contention raised is that Ext.P3 order was passed on the basis of Circular No.3/97 dated 31.5.1997, that the said circular was quashed by a Division Bench of this Court by judgment delivered on 17.5.2005 in O.P. No.12774 of 1997 and therefore, Ext.P3 order which was issued on the basis of the said circular is liable to be quashed. 2. Circular No.3/97 dated 31.5.1997 was set aside by a Division Bench of this Court by judgment delivered on 17.5.2005. If the petitioner was aggrieved by Ext.P3, he ought to have challenged the same in other appropriate proceedings. The petitioner cannot, nearly twelve years after the timings were settled, challenge the WPC No.33044/2010 2 settlement of timings, which was effected on the basis of a circular, on the ground that it was quashed by this Court in the year 2005. The challenge to Ext.P3 is in my opinion highly belated. If what the petitioner desires is a change in the timings, his remedy is to move for change of timings under rule 145 of the Kerala Motor Vehicles Rules. Without prejudice to that right, this writ petition is dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.33044/2010 3 WPC No.33044/2010 4