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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers:
“i. Issue a writ of certiorari or such other order in the said nature calling for records relating to Ext.P5 timing conference notice as relating to the 2nd respondent's service on the route Koottar-Munnar-Kumaly and quash the same.
ii. Issue a writ of mandamus or such other writs, order or direction, directing the first respondent Secretary, Regional Transport Authority, Idukki not to revise the timings of the 2nd respondent's service on the route Koottar-Munnar Kumaly in respect of Stage carriage KL-38 H 9375 without conducting enquiry as provided for under Rule 145 of the Kerala Motor Vehicles Rules.
iii) Issue a writ of mandamus or such other writ, order or direction, commanding the first respondent, Secretary, Regional Transport Authority, Idukki to consider the objections raised by the petitioner, as regarding to the 2nd respondent's service on the route Koottar-Munnar-Kumaly in respect of Stage carriage KL-38 H 9375 especially as relating to the departure time of the 2nd respondent's service from Kumaly at 5.03 pm iv. to grant such other relief's as this Honorable Court may deem fit and proper.” (sic)
The petitioner is the registered owner of a stage carriage vehicle KL-37/A-3463. The petitioner is an existing operator operating on the route Upputhara -Anavilasam. According to the petitioner, he is operating with a settled set of timings. The 2nd respondent is also an operator, operating almost identical route of the petitioner on the route Koottar – Munnar – Kumaly in respect of Stage Carriage KL-38/H-9375. This Court as per Ext.P4 judgment directed the Secretary, RTA to consider Ext.P2 request of the 2nd respondent for revision of his timing. The grievance of the petitioner is that even though the petitioner submitted Ext.P6, the 1st respondent is not considering the same. Hence this writ petition is filed.
Heard the counsel for the petitioner and the Government Pleader.
After hearing both sides, I think this writ petition can be disposed of directing the 1st respondent to consider Ext.P6 also while deciding the matter as directed in Ext.P4 judgment.
Therefore, this writ petition is disposed of directing the 1st respondent to consider Ext.P6 also in the timing conference schedule to be held on 27.09.2022, as directed in Ext.P4 judgment.
