IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33464 of 2008(H) -------------------------- PETITIONER(S): --------------- NINISH.V.P, VARAPRASADAM, AKKAL.P.O, THOTTIPALAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33464/2008 -------------------- Dated this the 13th day of November, 2008 JUDGMENT Petitioner is a registered owner of a stage carriage bearing registration No.KL-18 C 9495 operating on the route Vadakara-Kunduthode- Kumbalachola. Timings in relation to the said service are settled as per Ext.P1. Petitioner's predecessor apparently, applied for the vacant set of timings because of the vacancy caused by another stage carriage bearing registration No.KL-11 N 8195, consequent upon the surrender of the permit effected by the said operator. This is evidenced by Ext.P2. It seems that another operator of the stage carriage No.KL-18 C 1696 operating on the route Mahipalam-Vatakara-Paloli, also had applied for the same vacant set of timings. It is seen from Ext.P3 that the request made by the operator of KL-18 C 1696 is posted for consideration on 18.11.2008 and the request made by the petitioner is posted for W.P.(C).33464/2008 2 consideration on 18.12.2008. 2. Learned Government Pleader points out that the route being operated by the petitioner is different from the route in which the vehicle, which had surrendered its permit, namely KL-11 N 8195, was operated and therefore, petitioner's request for the said vacant set of timings may not be maintainable. 3. I am of the view that if the petitioner has given a request for the vacant set of timings, it may be considered along with the request made by another operator for the same set of timings. Of course, the maintainability of the petitioner's request is also a matter to be considered by the Secretary, RTA. 4. In the result, writ petition is disposed of directing the respondent to consider the petitioner's request, for the vacant set of timings brought about by the surrender of the permit relating to stage carriage bearing W.P.(C).33464/2008 3 registration No.KL-11 N 8195, along with any other request, for the same set of timings made by any other operator including the operator of stage carriage No.KL- 18 C 1696. If compliance of this direction requires an adjournment of consideration of the request by any other operator in spite of Ext.P3, same shall be done and the petitioner's request shall also be notified to be considered in a timing conference in that regard. V.GIRI, Judge mrcs