Kerala High Court
P.C.Ninankutty vs The Secretary on 1 December, 2010
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18055 of 2010(F)
1. P.C.NINANKUTTY,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. K.V.MAMMIKUTTY, KULANGARA VEETTIL,
3. P.K.ABDULLA KOYA, SAMEER MANZIL,
4. N.SUBAIR, S/O.ABDUL AZEEZ,
For Petitioner :SMT.G.CHITRA
For Respondent :SRI.G.PRABHAKARAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :01/12/2010
O R D E R
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