M. C. KUMARAN Vs. K. M. JACOB

JUDGEMENT

(1.) Second, respondent in O.P 18223 of 1994 is the appellant. Eventhough he was made second respondent in the Original Petition, no notice was issued to him. Without affording him an opportunity of being heard in the matter, the learned Single Judge allowed the Original Petition after hearing the learned Government Pleader, who seems to have represented the secretary, Regional Transport Authority, Ernakulam. Hence this appeal.

(2.) On behalf of first respondent in the appeal, who was the writ petitioner, Sri. K. V. Gopinathan Nair entered appearance. We heard arguments of counsel appearing on either side in extenso. We are finally disposing of the appeal.

(3.) Petitioner in the Original Petition and the second respondent are stage carriage operators. Petitioner's vehicle, bearing registration No. KCF 9727, is covered by a permit on the route Vattaparambu - Mulamkuzhy via. Angamaly, Kalady and Malayattoor. While he was plying the vehicle on that route, Regional Transport Authority, Ernakulam considered the application of the second respondent, appellant herein, for the grant of a permit on the route Koovappady - Mulamkuzhy via. Perumbavoor and Kalady in relation to the vehicles KEE 2642. That application was allowed and a permit was granted subject to settlement of timings. First respondent by proceedings No. C5/57435/94/E dated 8.11.1994 issued a set of timings for the vehicles of the second respondent. Alleging that the said set of timings granted to the vehicle of the second respondent clashed with the timings of the writ petitioner's vehicle, he filed a representation before the first respondent on 11.11.1994. This was done without taking any step to question the correctness of the proceedings issued by the first respondent on 8.11.1994. After filing Ext. P1 representation before the first respondent in the original petition, he approached this court by filing O.P. 18223/94 in 24.12.1994 and got the Original Petition disposed of by judgement dated 30.12.1994 by directing the first respondent to dispose of Ext. P1 representation.