IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 OP(C).No. 2041 of 2011(O) ------------------------- M.P.477/2011 IN M.V.A.R.P.NO.164/2011 OF STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM PETITIONER ------------------ BASKARAN.K., S/O. KRISHNAN, KILIVAYIL HOUSE, P.O.IRINGALLUR, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): --------------- 1. SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676505. 2. SUB INSPECTOR OF POLICE, VALANCHERRY, MALAPPURAM DISTRICT. 3. P.PALANISWAMI, 233/56, BAVYASREE, KOOTTIL LANE, POONKUNNAM, THRISSUR-680001. 4. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM-682016. BY GOVT. PLEADER SHRI T.K.SAJEEV FOR R1, R2 & R4 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2041/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO.C8/12711/2011M DATED 3.2.2011 BY THE FIRST REPSONDENT REPLACING BUS NO.KL10Y 7997 WITH BUS NO.KL-10AG-55 EXT.P2 TRUE COPY OF THE PROCEEDINGS NO.C8/110961/2008/M DATED 26.10.2010 ISSUED BY THE FIRST RESPONDENT SETTLING THE TIMINGS OF PETITIONER'S SERVICE EXT.P3 TRUE COPY OF THE PROCEEDINGS WHEREBY THE TIMINGS OF BUS NO.KL-7R-2916 (NOW OPERATED WITH BUS NO.KL-8AR-2728) WAS SETTLED BY THE FIRST RESPONDENT TO OPERATE ON THE ROUTE GURUVAYOOR-THRISSUR-KOZHIKODE EXT.P4 TRUE COPY OF THEPROCEEDINGS NO.C5/42544/03/M DATED 24.01.2008 OF THE FIRST RESPONDENT SETTLING TH TIMINGS OF BUS NO.KL-8V-123 WHEREIN THE TIMINGS OF THIRD RESPONDENT SERVICE WAS ALSO ALTERED EXT.P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT FOR THE ISSUANCE OF A CERTIFIED COPY OF THE CONSOLIDATED TIMINGS OF THE THIRD RESPONDENT SERVICE EXT.P6 TRUE COPY OF ORDER NO.C5/2213/2011 DATED 30.03.2011 ISSUED BY THE FIRST RESPONDENT RELATING TO THE TIMINGS OF BUS NO.KL-8AR-2728 EXT.P7 TRUE COPY OF THE COMPLAINT DATED 19.4.2011 MADE BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXT.P8 TRUE COPY OF THE REVISION PETITION FILED BY THE THIRD RESPONDENT BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL MADE IN MVARO NO.164/2011 EXT.P9 TRUE COPY OF THE STAY ORDER PASSED IN EXT.P7, REVISION PETITION BY THE STATE TRANSPORT APPELLATE TRIBUNAL IN MVARP NO.164/2011 DATED 12.05.2011 //TRUE COPY// P.A. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2041 of 2011 -------------------------------------- Dated this the 6th day of July, 2011. JUDGMENT Petitioner who is a non-party to the revision petition pending before the State Transport Appellate Tribunal, Ernakulam (for short, “the Tribunal”) is aggrieved by Ext.P9, order of stay granted by the Tribunal on May 12, 2011. According to the petitioner, stay is granted in respect of a non-existent order and has prejudicially affected her. 2. Even as per the submission of learned counsel, petitioner is not a party to the revision pending before the Tribunal. Learned counsel submitted that it is open to the petitioner to request the Tribunal implead petitioner as a party to the proceeding before it. If that be so, the appropriate course open to the petitioner is to seek his impleadment in the revision pending before the Tribunal and seek other reliefs as circumstances warranted. 3. Learned counsel submitted that the said procedure may take time and in the meantime petitioner is affected by Ext.P9, order. 4. I make it clear that if any application for impleadment or other reliefs is made by petitioner before the Tribunal, that Tribunal shall decide the same having regard to the grievance of petitioner and his contention that he is affected by Ext.P9, order. OP(C)No.2041/2011 2 Resultantly this Original Petition is disposed of without prejudice to the right if any of petitioner to move appropriate application for impleadment in the revision pending before the State Transport Appellate Tribunal, Ernakulam and seek other reliefs as he may be entitled to. THOMAS P.JOSEPH, Judge. cks