IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 18055 of 2010(F) -------------------------- PETITIONER: -------------- P.C.NINANKUTTY, PALAMADATHIL CHOLAKKAL HOUSE, P.O.KADALUNDI NAGARAM, TIRUR. BY ADV. SMT.G.CHITRA RESPONDENTS: ----------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. 2. K.V.MAMMIKUTTY, KULANGARA VEETTIL, MANGALAM POST, TIRUR, MALAPPURAM DISTRICT. 3. P.K.ABDULLA KOYA, SAMEER MANZIL, PANAMTHODY, P.O.PERUMUGHAM, FEROKE. 4. N.SUBAIR, S/O.ABDUL AZEEZ, VELUTHAPARAMBIL HOUSE, P.O.PALLIPARAMBU, VIA.CHELAMBRA, MALAPPURAM. R1 BY GOVERNMENT PLEADER,SMT.RANI DIOTHIMA P. R2 & R4 BY ADV. SRI.G.PRABHAKARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18055 of 2010(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 02.01.2009 ISSUING THE VARIED PERMIT WITH THE SET OF TIMINGS. EXT.P2 : TRUE COPY OF THE PLROCEEDINGS OF THE 1ST RESPONDENT DATED 01.04.2009 SIGNED AND ISSUED ON 22.10.2009. EXT.P3 : TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 01.04.2009 SIGNED FOR COMMUNICATION AND ISSUED ON 20.11.2009. EXT.P4 : TRUE COPY OF THE ORDER OF THE STAT, ERNAKULAM IN MP NO.1869/2009 IN MVARP NO.335/2009 DATED 21.12.2009. EXT.P5 : TRUE COPY OF THE COMMON ORDER OF THE STAT, ERNAKULAM IN MVARP NO.291/2009 AND MVARP NO.335/2009 DATED16.04.2010. EXT.P6 : TRUE COPY OF THE LETTER PRODUCED ALONG WITH EXT.P5 COMMON ORDER DATED 06.05.2010. EXT.P7 : TRUE OCPY OF THE ACKONOWLEDGEMENT RECEIPT OF EXT.P5 DATED 06.05.2010. /TRUE COPY/ PA TO JUDGE P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 18055 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: “i) to set aside the condition incorporated in Exhibit.P5 common order of the State Transport Appellate Tribunal that ”after that six weeks period, the revision petitioner has no right to operate his service with Exhibit.P3 timings(In the Writ Petition Exhibit.P1 timings)” by the issuance of a writ of certiorari or any other appropriate writ, direction or order; ii) to declare that the petitioner is entitled to continue the service with Exhibit.P1 timings dated 02.01.2009 till it is altered or modified by resettling his timings as ordered in Exhibit.P5; iii) to issue an interim direction permitting the petitioner to continue his service on the route Feroke - Parappangadi - Kadalundi Nagaram in respect of stage carriage KL-10/Y 7874 with Exhibit.P1 timings dated 02.01.2009 till the same is altered or changed in accordance with Exhibit.P5 common order of the State Transport Appellate Tribunal, pending disposal of the Writ Petition;” 2. The learned counsel for the petitioner submits that the petitioner, in fact, was permitted to operate services in WP(C) No. 18055 of 2010 -:2:- accordance with Ext.P1 timings till final orders were passed in terms of Ext.P5 order passed by the Tribunal. Pursuant to Ext.P5 direction, the matter was considered and the 1st respondent passed final order; which in turn is stated as under challenge by filing necessary proceedings before the Tribunal and the same is pending. In the said circumstances the learned counsel submits that this Writ Petition may be disposed of without prejudice to the rights and liberties of the petitioner to pursue the matter before the Tribunal, permitting to continue the operation on the basis of Ext.P1 till final orders are passed by the Tribunal. 3. After hearing both sides, including the learned Government Pleader, the writ petition is disposed of, relegating the petitioner to pursue the revision petition bearing No. 212 of 2010 pending before the Tribunal. It is made clear that, till final orders are passed in the revision petition, the petitioner is at liberty to have the operations on the basis of Ext.P1 timings. P.R. RAMACHANDRA MENON, JUDGE ttb