IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 3446 of 2011(E) ------------------------- PETITIONER(S): --------------- P.N.UNNIKRISHNAN,PARAYIL HOUSE, MANALITHARA THRISSUR BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680001 GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.3446 of 2011 ----------------------------------------- Dated this the 11th day of February, 2011 JUDGMENT The petitioner is the owner of a stage carriage bearing registration No.KL 5 M 6296. He had applied for the grant of a fresh regular permit to operate that stage carriage on the route Chelakkara – Mayannur – Ottappalam - Pazhayannur, Potta as an ordinary service. The said application was considered by the Regional Transport Authority, Thrissur at its meeting held on 10.1.2011. On that day, the Regional Transport Authority decided as per Ext.P3 proceedings to grant the permit subject to settlement of timings. The Secretary, Regional Transport Authority, Thrissur thereafter directed the petitioner to produce the current records of the vehicle offered by him. The petitioner states that though nearly a month has passed after the Regional Transport Authority decided to grant the permit and the Mayannur bridge has been inaugurated and opened, the Secretary, Regional Transport Authority, Thrissur, has not yet issued the permit. It is stated that if a permit is issued he can cater to the needs of the W.P(C).No.3446 of 2011 -:2:- public. In this writ petition the petitioner seeks a direction to the respondent to settle the timings and to issue the permit within a time limit to be fixed by this Court. 2. The learned Government Pleader appearing for the respondent submitted that besides the current records of the vehicle offered by him the petitioner was also directed to produce a certificate of fitness for the virgin portion of the route, namely from Mayannur to Potta having a length of 2 Kms. from the Assistant Executive Engineer, PWD Roads and Bridges. He also submitted that the petitioner produced the said certificate only recently and that the respondent will take steps to settle the timings and issue the permit expeditiously. 3. It is evident from the pleadings and the submissions made at the Bar that though the petitioner will be operating the stage carriage on the route Chelakkara-Mayannur-Ottappalam- Pazhayannur.-Potta, only a portion of the route, viz. Mayannur- Potta is a virgin route. The other sectors are already served by existing stage carriage operators. In view of the fact that the petitioner will be operating a stage carriage on a virgin route as a result of the Mayannur bridge being opened for vehicular traffic, I am of the opinion that the Secretary of the Regional Transport W.P(C).No.3446 of 2011 -:3:- Authority should settle the timings and issue the permit expeditiously. In such circumstances I dispose of the writ petition with the following directions: The respondent shall within one week from the date on which the petitioner produces a copy of this judgment before him, issue a set of timings to the petitioner on a provisional basis 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 conference to settle the timings expeditiously. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.3446 of 2011 ---------------------------- JUDGMENT 11th February, 2011