IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 12^TH DAY OF AUGUST 2024 / 21ST SRAVANA, 1946 WP(C) NO. 28655 OF 2024 PETITIONER:

KARTHIK RAJ T.S., AGED 34 YEARS, S/O. THARANATH, MADHUR HOUSE, MADHUR .P.O., KASARGOD DISTRICT, PIN – 671351.

BY ADV.

SRI. PRASAD CHANDRAN RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, CIVIL STATION, VIDAYANAGAR, KASARGOD, KERALA, PIN – 671121, 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, VIDAYANAGAR, KASARGOD, KERALA, PIN – 671121.

3 THE KERALA STATE ROAD TRANSPORT CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANTHAPURAM, KERALA, PIN – 695023.

4 VITTAL SHEETY, S/O. NARAYANA SHEETY, KADAVU HOUSE, P.O.PERALA,KASARGOD, KERALA, PIN – 671552.

BY ADV.

SRI. S. GOPINATHAN – SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 12^th day of August, 2024 The present writ petition has been filed for the following prayers;

i) Issue a writ of mandamus or any other appropriate writ direction or order directing the 1^st respondent to keep in abeyance all further proceedings pursuant to Exhibit P2 and P3 grant of permit in the favour of the 4^th respondents utill Exhibit P4 and P5 appeals are decided by the State Transport appellate Tribunal :

ii) Issue a writ of mandamus directing the 2^nd respondent to stay of all further proceedings pursuant to Exhibit.P6 notice of timing conference scheduled to 13.08.2024 or any other date by affording the petitioner and other affected operator's on the route;

iii) To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.

2. Against the grant of regular permit for stage carriage KL-

14/J 1677 and KL-14/H 4077, the petitioner who is the registered operator of stage carriages has filed two appeals before the State Road Transport Appellate Tribunal. The petitioner has also filed a stay petition. However, no interim order has been granted by the Tribunal.

3. The petitioner cannot approach this Court in parallel proceedings for stay. In the view thereof, this Court find no ground to entertain this writ petition and it is hereby dismissed. However, the decision taken in the timing conference shall be subject to the final outcome of these appeals. Petitioner and 3^rd respondent shall also be heard in the timing conference for fixing the time for operation of stage carriage of the 4^th respondent.

Sd/-

DINESH KUMAR SINGH JUDGE SCB APPENDIX OF WP(C) 28655/2024 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SCHEME PUBLISHED BY THE SATE OF KARNATAKA ON 07.03.2019 EXHIBIT P2 TRUE COPY OF THE DECISION DATED 11.01.2024 GRANTING THE REGULAR PERMIT TO THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE DECISION DATED 11.01.2024 GRANTING THE REGULAR PERMIT TO THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE REVISION PETITIONS MVARP NO.11/2024 BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL WITHOUT THE EXHIBITS EXHIBIT P5 TRUE COPY OF THE REVISION PETITIONS MVARP NO.12/2024 BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL WITHOUT THE EXHIBITS EXHIBIT P6 TRUE COPY OF THE NOTICE OF THE TIMING CONFERENCE DATED 23.07.2024