IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 24998 of 2011(Y) ------------------------------------- PETITIONER: ---------------- DINESHAN.C., S/O.KRISHNAN, CHUNKAKKARANDAVIDA HOUSE, P.O.CHOKLY, THALASSERY. BY ADV. SRI.M.JITHESH MENON RESPONDENTS: --------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA-673 101. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR-670 001. 3. K.C.PUSHPARAJ, KRISHNA NIVAS, EAST PALAYAD, THALASSERY-670 661. BY GOVERNMENT PLEADER, SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24998 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE PROCEEDINGS DATED 26/12/2005. EXHIBIT P3: TRUE COY OF THE REPRESENTATION DATED 30/4/2011. EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN WPC.14930/2011 DATED 3/6/2011. EXHIBIT P5: TRUE COPY OF THE REQUEST DATED 10/5/2011 SUBMITTED BY THE 2RD RESPONDENT. EXHIBIT P6: TRUE EXTRACT OF THE NOTICE FOR TIMING CONFERENCE DATED 22/9/2011. EXHIBIT P7: TRUE COPY OF THE REQUEST DATED 17/9/2011. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A.TO JUDGE ln P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No. 24998 of 2011 ------------------------------------- Dated this the 23rd day of September, 2011. J U D G M E N T This writ petition is filed contending that overlooking priority, the application submitted by the 3rd respondent for revision of the time schedule is being considered. The petitioner, who is operating a stage carriage on the route Kunduthode-Thottipalam-Thalassery, filed Ext.P3 application for revision of the time schedule of his stage carriage. He thereafter filed WP (C) No.14930 of 2011 in this Court for expeditious disposal of the said application. By Ext.P4 judgment delivered on 03.06.2011, this Court directed the Secretary, Regional Transport Authority, Vadakara, to pass orders on the said application within two months from the date of receipt of a copy of the judgment. It appears that after the petitioner submitted Ext.P3 application for revision of the time schedule, the 3rd respondent, who is another stage carriage operator submitted Ext.P5 petition for revision of the time schedule of his stage carriage. This writ petition is filed contending that though the petitioner's application was filed earlier in point of time, overlooking the priority, the application submitted by the 3rd respondent for revision of the time schedule is being taken up for consideration. It is contended that as the stage carriages are operating on the same sector where the vacant time shot has arisen consequent on another stage 2 WP(C) No. 24998 of 2011 carriage operator surrendering his permit, unless the petitioner's application which was filed earlier in point of time is first considered, the petitioner will be put to serious prejudice. 2. When the writ petition came up for consideration today, the learned Government Pleader appearing for the respondents 1 and 2 submitted on instructions that the timing conference scheduled to be held on 22.09.2011 to consider the 3rd respondent's application for variation of the time schedule was adjourned to 27.09.2011 and thereafter to 01.10.2011 and therefore the petitioner cannot have any grievance for the reason that his application will be considered in the timing conference scheduled to be held on 29.09.2011. In view of the fact that petitioner's application will be taken up in the timing conference scheduled to be held on 29.09.2011, he cannot have any subsisting grievance. The writ petition is accordingly closed as infructuous recording the above said submission of the learned Government Pleader. P.N.RAVINDRAN JUDGE dnc