IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 26482 of 2011(I) ----------------------- PETITIONER : -------------------- K.VELAYUDHAN, KALLIDUMBIL HOUSE, PO PUTHUKODE, VIA RAMANATTUKARA, MALAPPURAM DISTRICT. BY ADVS. SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY, PIN-676 505. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505. R1 & R2 BY SR. GOVT. PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ..2/- WP(C).No. 26482 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF THE JUDGEMENT DATED 3.3.2009 MVAA NO.124/2009. EXHIBIT P2- TRUE COPY OF THE PROCEEDINGS DATED 21.1.2010. EXHIBIT P3- TRUE COPY OF THE JUDGEMENT DATED 3.5.2011 MVAA NO.113/2010. EXHIBIT P4- TRUE COPY OF THE PROCEEDINGS DATED 28.7.2011. EXHIBIT P5- TRUE COPY OF THE REGISTRATION CERTIFICATE BOOK VEHICLE NO.KL-9/H 33. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.26482 of 2011 ----------------------------------------- Dated this the 25th day of November, 2011 JUDGMENT The petitioner applied for the grant of a fresh regular permit to operate a stage carriage on the route Kannamvettikavu - Ramanattukara via. Ambalakandi, Peringavu as an ordinary service. The application was initially rejected by order dated 14.11.2008. Aggrieved thereby the petitioner filed an appeal before the State Transport Appellate Tribunal. By Ext.P1 judgment delivered on 3.3.2009 the Tribunal allowed the appeal, set aside the order rejecting the application for grant of the permit and remitted the application to the Regional Transport Authority, Malappuram for fresh consideration. The Regional Transport Authority, Malappuram again rejected the application by Ext.P2 proceedings dated 21.1.2010. The petitioner again carried the matter in appeal. By Ext.P3 judgment delivered on 3.5.2011 the State Transport Appellate Tribunal allowed the appeal, set aside Ext.P2 and directed grant of the permit subject to settlement of timings. Thereupon by Ext.P4 proceedings dated 28.7.2011 the W.P(C).No.26482 of 2011 -:2:- Regional Transport Authority, Malappuram, that met on 28.7.2011, resolved to grant the permit subject to settlement of timings and subject to the disposal of any appeal or writ petition filed by the Government challenging Ext.P3. This writ petition is filed contending that though pursuant to Ext.P4 proceedings the current records of a suitable vehicle were produced within the time limit stipulated in rule 159 of the Kerala Motor Vehicles Rules, the Secretary, Regional Transport Authority, Malappuram has not yet settled the timings and issued the permit. In this writ petition the petitioner seeks a direction to the Secretary, Regional Transport Authority, Malappuram to hold a timing conference, settle the timings and issue the permit in implementation of Ext.P4 proceedings within a time limit to be fixed by this Court. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. Smt.Anitha Ravindran, learned Government Pleader appearing for the respondents, submitted on instructions that in view of the fact that Ext.P3 order has attained finality and it has been implemented by Ext.P4 proceedings, the Secretary, Regional Transport Authority, Malappuram will hold a timing conference, settle the timings and issue the permit in implementation of W.P(C).No.26482 of 2011 -:3:- Ext.P4 order expeditiously. In the light of the said submission and having regard to the fact that the petitioner applied for the permit way back in the year 2008, I dispose of the writ petition with a direction to the second respondent to hold a timing conference, settle the timings and issue the permit in implementation of Ext.P4 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. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.26482 of 2011 ---------------------------- JUDGMENT 25th November, 2011