P.V.Chacko Vs. the Secretary, RtA. Kottayam. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1098207
CourtKerala High Court
Decided OnNov-20-2013
JudgeHONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
AppellantP.V.Chacko
RespondentThe Secretary, RtA. Kottayam.
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice babu mathew p.joseph wednesday, the20h day of november201329th karthika, 1935 wp(c).no. 8069 of 2008 (i) --------------------------- petitioner(s): ------------------ p.v.chacko, pullazhil, thellakom, kottayam. by adv. sri.k.v.gopinathan nair respondent(s): -------------------- 1. the secretary, regional transport authority, kottayam.2. k.m.thomas, koorumullumthadathil, kanakkari p.o., ettumanoor.3. the state transport appellate tribunal, ernakulam. r2 by adv. sri.g.prabhakaran r1 & r3 by govt. pleader sri.roshand. alexander this writ petition (civil) having been finally heard on2011-2013, the court on the same day delivered the following: wp(c).no. 8069 of 2008 (i appendix petitioner's exhibits: ext.p1: true copy of the regular permit holding by the petitioner on the route ettumanoor-kottayam valid till3012.2009 ext.p2: true copy of the proceedings of the1t respondent dated3012.1994 ext.p3: true copy of the proceedings of the1t respondent dated299.1997 ext.p4: true copy of the order of the s.t.a.t in mp. no.1044/1998 in mvarp no.125/1998 dated192.1998 ext.p5: true copy of the common order of the s.t.a.t in m.v.a.r.p. nos.64/1998 and connected cases dated18.1998 ext.p6: true copy of the order of the s.t.a.t in mvarp no. 125/1998 dated510.1998 ext.p7: true copy of the proceedings of the1t respondent dated279.2007 ext.p8: true copy of the revision memorandum as mvarp no.555/2007 dated2311.2007 filed by the2d respondent before the3d respondent ext.p8 (a) true copy of the proceedings of the1t respondent dated37.2007 issuing timing for the2d respondent's service which has been produced along with the revision petition as ext.p1 ext.p9: true copy of the counter affidavit filed by the petitioner in mvarp no.555/2007 dated142.2008 ext.p10: true copy of the order of the s.t.a.t. ernakulam in mvarp no.555/2007 dated162.2008 /true copy/ p.s to judge babu mathew p.joseph, j.------------------------- w.p.(c) no.8069 of 2008 -------------------------- dated this the 20th day of november, 2013 judgment this writ petition has been filed challenging ext.p10 order passed by the state transport appellate tribunal, ernakulam directing to consider the running time of stage carriages.2. heard the learned counsel appearing for the petitioner and the learned government pleader appearing for the respondents 1 and 3. no representation for the 2nd respondent.3. the learned counsel for the petitioner submits that since this court has granted an interim stay of the operation of ext.p10 and further proceedings on that basis, the petitioner's stage carriage has been running without affected by the directions issued in ext.p10. the government have issued a circular no.d3/875/sta/2005 dated 08-11-2011 in regard to fixation of running time applicable to all the stage carriages operating in the state of kerala. the steps have already been taken for w.p. (c) no.8069 of 2008 2 implementing that circular. when that circular is implemented, the petitioner's stage carriage also will be governed by the same. in view of all these facts, he has no objection in disposing of this writ petition allowing the petitioner to continue to ply his stage carriage according to the running time already allotted till the implementation of the circular issued by the government governing the field. having heard both the sides, this court is of the view that this writ petition can be disposed of as suggested by the learned counsel for the petitioner. in the result, this writ petition is disposed of by allowing the petitioner to ply his stage carriage according to the running time already fixed for that vehicle till the implementation of circular no.d3/875/sta/2005 dated 08-11-2011 governing the field. sd/- babu mathew p.joseph judge ma /true copy/ p.s to judge w.p. (c) no.8069 of 2008 3 w.p. (c) no.8069 of 2008 4
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE20H DAY OF NOVEMBER201329TH KARTHIKA, 1935 WP(C).No. 8069 of 2008 (I) --------------------------- PETITIONER(S): ------------------ P.V.CHACKO, PULLAZHIL, THELLAKOM, KOTTAYAM. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): -------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM.

2. K.M.THOMAS, KOORUMULLUMTHADATHIL, KANAKKARI P.O., ETTUMANOOR.

3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. R2 BY ADV. SRI.G.PRABHAKARAN R1 & R3 BY GOVT. PLEADER SRI.ROSHAND. ALEXANDER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2011-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8069 of 2008 (I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REGULAR PERMIT HOLDING BY THE PETITIONER ON THE ROUTE ETTUMANOOR-KOTTAYAM VALID TILL3012.2009 EXT.P2: TRUE COPY OF THE PROCEEDINGS OF THE1T RESPONDENT DATED3012.1994 EXT.P3: TRUE COPY OF THE PROCEEDINGS OF THE1T RESPONDENT DATED299.1997 EXT.P4: TRUE COPY OF THE ORDER

OF THE S.T.A.T IN MP. NO.1044/1998 IN MVARP NO.125/1998 DATED192.1998 EXT.P5: TRUE COPY OF THE COMMON ORDER

OF THE S.T.A.T IN M.V.A.R.P. Nos.64/1998 AND CONNECTED CASES DATED18.1998 EXT.P6: TRUE COPY OF THE ORDER

OF THE S.T.A.T IN MVARP NO. 125/1998 DATED510.1998 EXT.P7: TRUE COPY OF THE PROCEEDINGS OF THE1T RESPONDENT DATED279.2007 EXT.P8: TRUE COPY OF THE REVISION MEMORANDUM AS MVARP NO.555/2007 DATED2311.2007 FILED BY THE2D RESPONDENT BEFORE THE3D RESPONDENT EXT.P8 (A) TRUE COPY OF THE PROCEEDINGS OF THE1T RESPONDENT DATED37.2007 ISSUING TIMING FOR THE2D RESPONDENT'S SERVICE WHICH HAS BEEN PRODUCED ALONG WITH THE REVISION PETITION AS EXT.P1 EXT.P9: TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN MVARP NO.555/2007 DATED142.2008 EXT.P10: TRUE COPY OF THE ORDER

OF THE S.T.A.T. ERNAKULAM IN MVARP NO.555/2007 DATED162.2008 /TRUE COPY/ P.S TO JUDGE BABU MATHEW P.JOSEPH, J.

------------------------- W.P.(C) No.8069 of 2008 -------------------------- Dated this the 20th day of November, 2013

JUDGMENT

This writ petition has been filed challenging Ext.P10 order passed by the State Transport Appellate Tribunal, Ernakulam directing to consider the running time of stage carriages.

2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents 1 and 3. No representation for the 2nd respondent.

3. The learned counsel for the petitioner submits that since this Court has granted an interim stay of the operation of Ext.P10 and further proceedings on that basis, the petitioner's stage carriage has been running without affected by the directions issued in Ext.P10. The Government have issued a circular No.D3/875/STA/2005 dated 08-11-2011 in regard to fixation of running time applicable to all the stage carriages operating in the State of Kerala. The steps have already been taken for W.P. (C) No.8069 of 2008 2 implementing that circular. When that circular is implemented, the petitioner's stage carriage also will be governed by the same. In view of all these facts, he has no objection in disposing of this writ petition allowing the petitioner to continue to ply his stage carriage according to the running time already allotted till the implementation of the circular issued by the Government governing the field. Having heard both the sides, this Court is of the view that this writ petition can be disposed of as suggested by the learned counsel for the petitioner. In the result, this writ petition is disposed of by allowing the petitioner to ply his stage carriage according to the running time already fixed for that vehicle till the implementation of circular No.D3/875/STA/2005 dated 08-11-2011 governing the field. Sd/- BABU MATHEW P.JOSEPH JUDGE ma /True copy/ P.S to Judge W.P. (C) No.8069 of 2008 3 W.P. (C) No.8069 of 2008 4