KRISHNANKUTTY Vs. JOHN

JUDGEMENT

(1.) THE second respondent in O. P. No. 12735 of 1992 is the appellant in this appeal. THE petitioner and the first respondent in the O. P. are the respondents herein. THE Original Petition was filed for the issue of a writ of mandamus to the first respondent Secretary, Regional Transport Authority, Ernakulam to dispose of Ext. P1 timings representation dated 7-7-1992 after hearing the petitioner, the second respondent and all other affected parties. This is in brief the prayer, though the actual prayer in the O. P. is cumbersome and ambiguous.

(2.) A learned single Judge of this Court disposed of the O. P. even at the admission stage, after hearing the petitioner in the O. P. and the Government Pleader. The learned single Judge, in a brief judgment, directed the first respondent to dispose of Ext. P1 representation filed by the petitioner after herring him, second respondent and all other affected parties with utmost expedition. The second respondent in the O. P. has come up in writ appeal.

(3.) COUNSEL for the first respondent (petitioner in the O. P.) forcibly argued that the learned single Judge has directed consideration of Ext. P1 representation and when the matter is considered by the second respondent all the objections of the appellant could be put forward and the matter adjudicated then. No prejudice has been caused to the appellant by the direction given to the second respondent to consider and dispose of Ext. P1 representation filed by the petitioner. It was argued that R. 212 of the Kerala Motor Vehicles Rules, 1989 enables the Secretary, Regional Transport Authority to prescribe a schedule of timings for stage carriages other than those belonging to Stale Transport Undertakings on specified routes from time to time and so the Secretary, R. T. A. is competent to pass a fresh order notwithstanding his earlier order fixing the timings, dated 14-1-1992 (Annexure-B ). R. 212 (l) (a) and (b) of the Kerala Motor Vehicles Rules, 1989 is to the following effect:- " 212. Schedule of timings:- ( 1) The State of Regional Transport Authority may from time to time - (a) by a general order prescribe a schedule of timings for stage carriages other than those belonging to State Transport Undertakings running on specified routes, or (b) by a special order prescribe a schedule of timings for each stage carriage other than that belonging to State Transport Undertaking. "