IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 28558 of 2011(T) ----------------------------------------- PETITIONER(S): -------------------------- SAJESH C., S/O. KUNHIKANNAN, THODUVANTAVIDA HOUSE, P.O.KOORARA, CHAMBAD, THALASSERY. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR-670 001. BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28558/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY DATED 28/6/2011. P2 COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-13 M 7071. P3 COPY OF THE PROPOSAL TIMINGS. P4 COPY OF THE JUDGMENT IN OP.NO.10599/1996 DATED 5/7/1996. P5 COPY OF THE JUDGMENT IN WP(C)NO.4917/2011 DATED 17/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.28558 of 2011 ------------------------------- Dated this the 4th day of November, 2011 J U D G M E N T The petitioner applied for the fresh grant of a regular stage carriage permit to operate a stage carriage on the route Koorara- Thalassery. The Regional Transport Authority, Kannur that met on 28.6.2011 resolved to grant the permit subject to settlement of timings. It is stated that though pursuant to Ext.P1 proceedings, the current records of the vehicle described in Ext.P2 certificate of registration were produced and were found to be in order, the time schedule has not been settled and permit issued till date. In this writ petition, the petitioner seeks a direction to the respondent to settle the timings and issue the permit in implementation of Ext.P1 proceedings within a time limit to be fixed by this Court. In the alternative, the petitioner also seeks a direction to the respondent to settle the timings on a provisional basis, issue the permit and thereafter revise the timings by holding a timing conference, if objections are received to the provisional timings. 2. When the writ petition came up for admission-hearing today, the learned Government Pleader submitted on instructions that the time schedule of the petitioner’s stage carriage will be settled in W.P.(C) No.28558 of 2011 2 the timing conference scheduled to be held on 6.12.2011 and the permit will be issued immediately thereafter. 3. Ext.P1 proceedings indicates that the grant in favour of the petitioner was made on 28.6.2011. More than four months have passed thereafter. This Court has in similar circumstances directed permits to be issued with a set of provisional timings and to settle the timings thereafter. In such circumstances, I am of the opinion that a similar direction can be issued in the instant case also. I accordingly dispose of the writ petition with a direction to the respondent to issue a set of timings to the petitioner’s stage carriage on a provisional basis within one week from the date on which the petitioner produces a certified copy of this judgment before the respondent and shall immediately thereafter issue the permit to the petitioner. The respondent shall thereafter invite objections from other stage carriage operators and settle the timings within a period of three months thereafter. If any existing stage carriage operator is aggrieved by the time schedule issued to the petitioner pursuant to the directions in this judgment, it will be open to him or her to object to the timings and to request the respondent to convene a timing W.P.(C) No.28558 of 2011 3 conference to settle the timings expeditiously. P.N.RAVINDRAN, Judge. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 28558 of 2011 JUDGMENT Dated:- 4th November, 2011 --------------------------------------