IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 1990 of 2010(W) -------------------------------------- PETITIONER(S): ----------------------- K.P. JOSE, KOLENCHERY HOUSE, KUTTIKKAD P.O., THRISSUR DISTRICT. BY ADV. MR.G.PRABHAKARAN RESPONDENT(S): ------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY SR. GOVERNMENT PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1990 OF 2010 -------------------------- Dated this the 21st day of January, 2010 J U D G M E N T The petitioner applied for the grant of a fresh regular permit to operate the stage carriage bus bearing registration No.KL-8/W 8787 on the route Vettilappara-Chalakkudy-Mala. The Regional Transport Authority, Thrissur that met on 10.11.2009 decided to grant a fresh regular permit to the petitioner subject to settlement of timings. Ext.P1 is the copy of the proceedings of the Regional Transport Authority, issued in that regard. By Ext.P1 the petitioner was directed to produce the current records of the vehicle offered by him within 30 days from the date of the order. It is stated that as directed in Ext.P1 the petitioner produced the current records of the vehicle along with Ext.P2 petition before the Regional Transport Officer, who is also the Secretary of the Regional Transport Authority, Thrisur. It is stated that along with the application for regular permit the petitioner had furnished Ext.P3, a set of timings which does not clash with the existing timings of other stage carriage operators operating on the route Vettilappara-Chalakkudy- Mala. The grievance voiced by the petitioner is that though a set of W.P.(C) No. 1990/2010 2 clash free timings was submitted along with the application for the grant of a regular permit the Secretary, Regional Transport Authority, has not issued a regular permit in implementation of Ext.P1. In this writ petition the petitioner seeks a direction to the respondent to issue a regular permit in implementation of Ext.P1 proceedings of the Regional Transport Authority within a time limit to be fixed by this Court. 2. Sri. K.C.Santhosh Kumar, the learned Senior Government Pleader appearing for the respondent submits that if the petitioner has produced the current records of the vehicle described in Ext.P1 before the Secretary, Regional Transport Authority, as claimed by him along with Ext.P2 letter, the secretary, Regional Transport Authority, will issue a permit in implementation of Ext.P1, if there is no clash of timings, expeditiously. He also submits that if there is clash of timings, a timing conference will be convened at the earliest. 3. After hearing the submissions made at the Bar by the learned counsel appearing on either side and having regard to the fact that more than two months have passed after the Regional Transport Authority, allowed the petitioner's application for a fresh W.P.(C) No. 1990/2010 3 grant, I dispose of this writ petition with the following directions: (i) The respondent shall after verifying whether the existing operators operating on the route Vettilappara-Chalakkudy-Mala will be affected by the timings set out in Ext.P3, issue a regular permit to the petitioner in implementation of Ext.P1, if there is no clash of timings expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. (ii) If on such verification the respondent is satisfied that the timings set out in Ext.P3 will clash with the timings of other operators on the same route or portions thereof, he shall convene a timing conference and settle the timings and issue a regular permit to the petitioner in implementation of Ext.P1 within two months from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, JUDGE vps