IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17191 of 2011(Y) ------------------------- PETITIONER(S): --------------- V.S.ANILKUMAR, THEKKUMTHALA HOUSE, MANAPILLY, AYYAMPILLY,ERNAKULAM. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,ERNAKULAM-682030. BY GOVT. PLEADER SRI. S. ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17191 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER OF RTA, ERNAKULAM DATED 26.3.2010. EXHIBIT P2: TRUE COPY OF THE NOTIFICATION DATED 10.8.2010. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17191 OF 2011 -------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner applied for the grant of a fresh regular stage carriage permit to operate a stage carriage service on the route Mala-North Parur- Cheranelloor. The application was initially rejected by the Regional Transport Authority, Ernakulam. On appeal filed by the petitioner before the State Transport Appellate Tribunal as M.V.A.A. No.450 of 2009, the State Transport Appellate Tribunal set aside the order of the Regional Transport Authority, Ernakulam and directed the grant of a fresh permit to the petitioner subject to settlement of timings. Pursuant thereto, the Regional Transport Authority, Ernakulam that met on 26.3.2010 resolved to grant the permit subject to settlement of timings, as can be seen from Ext.P1 proceedings of even date. It is stated that thereafter the petitioner produced the current records of the vehicle bearing registration No.KL07/AH 8789 (2002 model vehicle with a seating capacity of 28) along with a set of proposed timings. By Ext.P2 notification dated 10.8.2010, objections were invited to the timings proposed by the petitioner. It is stated that later the current records of the vehicle bearing registration No.KL-07 AX 3128 (2006 model vehicle with a seating capacity of 36) were also produced. This writ petition is filed contending that though more than one year and three months have passed after the Regional Transport Authority resolved to grant the permit, and nearly one year has passed after the proposed timings were submitted, till date, the respondent has not issued the permit after settling the timings. In this writ petition, the petitioner seeks a WPC No.17191/2011 2 direction to the respondent to settle the timings and issue the permit within a time limit to be fixed by this Court. 2. Ext.P1 proceedings of the Regional Transport Authority, Ernakulam disclose that a permit was granted to the petitioner to operate a stage carriage way back on 26.3.2010. Ext.P2 notification inviting objections to the timings proposed by the petitioner way back on 10.8.2010 would indicate that within the time limit stipulated in rule 159 of the Kerala Motor Vehicles Rules, the petitioner has produced the current records of a vehicle and the records were found to be in order. Otherwise the proposed time schedule would not have been published and objections invited. In such circumstances as more than one year and three months have passed after the permit was granted and nearly one year has passed after the petitioner submitted the proposed timings, I am of the opinion that the petitioner is entitled to the relief prayed for. I accordingly dispose of the writ petition with a direction to the respondent to settle the timings and issue the permit in implementation of Ext.P1 proceedings expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps