IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 2326 of 2011(M) --------------------- PETITIONER : -------------------- P.N.RAJESH, AGED 31, S/O. NARAYANAN, PULIKATHARA HOUSE, PUTHUVYPE.P.O., ERNAKULAM DISTRICT, PIN -682 508. BY ADVS. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT : ---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL LINES, KAKKANAD, KOCHI-30. BY GOVT. PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2326 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM DATED 13-1-2010. EXT.P2 : COPY OF THE JUDGMENT IN MVAA NO. 79/2010 DATED 16-9-2010. EXT.P3 : COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM DATED 19-11-2010. EXT.P4 : COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 17-12-2010. EXT.P5 : COPY OF THE JUDGEMENT IN OP NO. 10599/96 DATED 5-7-96. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 2326 OF 2011 -------------------------- Dated this the 8th day of March, 2011 J U D G M E N T The petitioner applied for grant of a fresh stage carriage permit to operate a stage carriage on the route Puthuvype-Vypin-North Paravoor- High Court Junction via Cherai, Narakkal and Kalamukku. The Regional Transport Authority, Ernakulam that met on 13.1.2010 rejected the petitioner's application on the ground that the route is saturated with stage carriage services thereby resulting in several accidents. The petitioner successfully appealed against the said decision by filing M.V.A.A. No.79/2010 on the file of the State Transport Appellate Tribunal, Ernakulam. By Ext.P2 judgment delivered on 16.9.2010 the appellate tribunal directed the Regional Transport Authority to grant the regular permit subject to settlement of timings. The Regional Transport Authority that met on 19.11.2010 accordingly granted the permit subject to settlement of timings. The said decision was communicated to the petitioner on 20.12.2010. The petitioner submits that though the current records of the vehicle were produced on 17.12.2010 along with the original of Ext.P4 letter and the records are in order, till date, the timing conference has not been held and the permit issued. In this writ petition, the petitioner seeks a direction to the respondent to issue the regular permit in implementation of Ext.P2 judgment of the State Transport Appellate Tribunal and Ext.P3 proceedings of the Regional Transport WPC No.2326/2011 2 Authority. 2. The respondent has been served and has entered appearance through the learned Government Pleader. The learned Government Pleader submitted that the last timing conference was held on 24.2.2011, that the petitioner's turn had not arisen and therefore his request for settlement of timings was not considered. It is not in dispute that more than three months have passed after the Regional Transport Authority resolved to grant the regular permit. The State Transport Appellate Authority allowed the appeal filed by the petitioner and set aside Ext.P1 order on the ground that in the interest of the travelling public, the petitioner is entitled to the grant of the permit. In such circumstances, as the need justifies the grant of a permit, I am of the opinion that that the respondent should settle the timings and issue the permit expeditiously. I accordingly dispose of the writ petition with a direction to the respondent to hold the timing conference, settle the timings and issue the permit in implementation of Ext.P3 proceedings of the Regional Transport Authority expeditiously and in any event within two months from today. P.N.RAVINDRAN, (JUDGE) vps WPC No.2326/2011 3 WPC No.2326/2011 4