LAL JOHN Vs. C.R. MANOHARAN AND ORS.

JUDGEMENT

(1.) THE third respondent in the Writ Petition is the appellant. The writ petitioner is the 1st respondent herein. The brief facts of the case are the following:

(2.) THE appellant was granted a regular permit on the route Ernakulam -Kottayam by the RTA, Kottayam, as per Ext. P2 proceedings dated 01.10.2004. The running time of the appellant's vehicle was 2 minutes per kilo metre. According to the appellant, all other Limited Stop Ordinary Services, similar to that of him, were granted running time @ 2 minutes per kilo metre. Feeling aggrieved by the grant of running time @ 2 minutes per kilo metre, the appellant filed RP No. 237/04 before the State Transport Appellate Tribunal. The Tribunal, by Annexure A1 order dated 06.11.2004, disposed of the revision, directing the Secretary, RTA, to consider whether all other services on the route are operating with the running time of 2 minutes per kilo metre and if the finding is in favour of the appellant, to grant him also the said running time. In obedience to the said direction, the Secretary, RTA reconsidered the matter and issued Ext. P3 proceedings dated 14.2.2005, reducing the running time of the appellant's service to 2 minutes per kilo metre and also granting him a fresh set of timings. The first respondent challenged Ext. P3 proceedings in revision before the STAT and the STAT, by Annexure A2 order dated 30.11.2005, dismissed the same. While so, the appellant filed Annexure A3 representation before the Secretary, RTA, Kottayam, claiming revision of the time schedule of his service. According to him, there was a service from Ernakulam at 5.47 am and since the halting place of that vehicle was changed, the said time slot was vacant. In Annexure A3 representation, the appellant claimed the said time slot. In Annexure A3, the appellant has also pleaded as follows:

(3.) THE learned Single Judge, after hearing both sides, allowed the Writ Petition. The learned Judge took the view that the appellant had approached the Tribunal several times to get the time schedule of his service modified. Suppressing those facts, he obtained Annexure A4 Judgment from this Court and again got the time schedule revised. Therefore, the Writ Petition was allowed with costs. Feeling aggrieved by the said Judgment, this Writ Appeal is filed.