IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 17781 of 2008(P) ---------------------------------------- PETITIONER(S): -------------------------- 1. P.B.ANEESH , AGED 31 YEARS, S/O. BALAN,RESIDING AT PONATH HOUSE, AZHEEKODE POST,KODUNGALLOOR, (OPERATOR OF STAGE CARRIAGE NO. KL 8/D-8928) 2. MUHAMMED RASHEED, AGED 40 YEARS, S/O. IBRAHIM, KARUKAPPADATH HOUSE, ERIYAD POST, KODUNGALLOOR (OPERATOR OF STAGE CARRIAGE NO. KL -1 AD 3365) BY ADVS. SRI.M.A.FAYAZ, SRI.T.M.RAMAN KARTHA. RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY THRISSUR. *3. K.S.SIDDIQUE, KARUKAPPADATH HOUSE,) CHANDAPURA, THRISSUR. ) ) * 4. M.T.DASAN, MANAPURATH HOUSE, ) D E L E T E D MATHILAKAM, THRISSUR. ) ( * R3 & R4 DELETED AS PER ORDER DTD. 7/07/2009 IN I.A.NO.8074/2009) R1 & R2 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17781/2008 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE 1ST RESPONDENT IN AGENDA ITEM NO.188. P1(A): COPY OF THE ORDER OF THE 1ST RESPONDENT IN AGENDA ITEM NO.189. P2: COPY OF THE COMMON JUDGMENT DTD. 20/06/2006 IN WP(C) NOS. 14990 AND 14991 OF 2006. P3: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT FIXING TENTATIVE TIMINGS TO THE EXT.P1 PERMIT. P3(A): COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT FIXING TENTATIVE TIMINGS TO THE EXT.P1(A) PERMIT. P4: COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT AS EARLY AS ON 12/10/2006. P4(A): COPY OF THE APPLICATION SUBMITTED BY THE ANOTHER OPERATOR MR. K.C.THOMASKUTTY BEFORE THE 2ND RESPONDENT AS EARLY AS ON 12/10/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17781/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of September, 2010 J U D G M E N T This writ petition was filed by petitioners who are operators of stage carriages. They are operating stage trips on Azheekode-Thriprayar via Moonupeedika and Azheekode-Moonupeedika respectively. It is submitted that they are having regular stage carriage permits to conduct such services. 2. In the meeting of the first respondent held on 19/10/2005, orders were passed granting variation of stage carriage permits to respondent Nos.3 and 4 herein. Exts.P1 and P1(a) are extracts from the proceedings of the said meeting. When the settlement of timings was delayed, they approached this Court by filing W.P.(C).Nos.14990 & 14991/2006 which were disposed of as per Ext.P2 common Judgment dated 20/06/2006. It is pointed out that even thereafter, the second respondent did not convene a timing conference and, based on the report of the Motor Vehicle Inspector issued tentative timings as per Exts.P3 and P3 (a). Aggrieved by the same, the first petitioner and another operator Shri K.C.Thomaskutty moved the second respondent as per Exts.P4 and P4(a) applications. W.P.(C). No.17781/2008 -:2:- 3. It is mainly prayed that the second respondent may be directed to convene a timing conference to settle the timings of extension of permits granted under Exts.P1 and P1(a) proceedings within a time limit. 4. The learned counsel for the petitioners brought to my notice a copy of the Judgment in W.P.(C) No.27328/2006 filed by Shri K.C.Thomaskutty who had filed Ext.P4(a) application. Therein, after noticing various aspects, this Court held as follows in paragraph (3):- “3. Apparently, Ext.P9 contains only a tentative time schedule. So, the Secretary, R.T.A has got a duty to finalise the time schedule of the 3rd respondent's service, after hearing him and other affected operators, including the petitioner and also taking into Ext.P10 and other similar representations received. This, the 2nd respondent shall do within two months from the date of production of a copy of this judgment. Needless to say, while taking the decision, the direction in Ext.P7 shall be respected.” 5. The learned counsel for the petitioners submitted that even thereafter the Secretary has not implemented Exts.P1 and P1(a) orders and has not convened a timing conference to finalise the time schedule in accordance with W.P.(C). No.17781/2008 -:3:- the orders. Evidently, in W.P.(C).No.27328/2006 two months time was granted by this Court. 6. In the light of the above direction, the petitioners are also entitled for a similar direction. The direction in Ext.P2 Judgment is also in force. 7. The respondents 3 and 4, viz. Shri K.S.Siddque and Shri M.T Dasan even though were originally arrayed as parties in the writ petition, they have been removed from the party array on application by the petitioners. 8. In the light of the same, there will be a direction to the second respondent to convene a timing conference to settle the timings of the extension of permits granted under Exts.P1 and P1(a) proceedings and after hearing all the parties including the petitioners herein, the petitioner in W.P.(C).No.27328/2006 and Shri K.S.Siddque and Shri M.T Dasan who are the beneficiaries of Exts.P1 and P1(a) orders and Exts.P3 and P3(a), if it is not already done, and any other affected parties within a period of two months from the date of receipt of a copy of this Judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms