IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 31728 of 2011(M) -------------------------- PETITIONER(S): --------------- FASAR.C.K., S/O.AHAMMEDKUTTY, CHOOTTUKADAN HOUSE, AZHIKODE, KANNUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHOORITY, KANNUR-670001. GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.31728 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1- TRUE COPY OF THE DECISION OF THE RTA, DATED 28.6.2011. EXT.P2- TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-13 G 2161. EXT.P3- TRUE COPY OF THE PROPOSAL TIMINGS. EXT.P4- TRUE COPY OF THE JUDGMENT IN WP(C)NO.10599/1996 DATED 5.7.1996. EXT.P5- TRUE COPY OF THE JUDGMENT IN WP(C)NO.4917/2011 DATED 17.2.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J ------------------------------------- W.P.(C).No.31728 of 2011 ----------------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioner applied for a fresh stage carriage permit to operate a stage carriage on the route Azhikkal - Kannur Head Quarters Hospital. The Regional Transport Authority, Kannur that met on 28.6.2011 considered the application for regular permit and granted the regular permit subject to settlement of timings. The petitioner thereafter produced the current records of the stage carriage described in Ext.P2 certificate of registration, within the time limit stipulated in rule 159 of the Kerala Motor Vehicles Rules. He also submitted a set of timings to be alloted to his stage carriage. This writ petition is filed contending that though nearly five months have passed after the permit was granted, till date it is not been issued after settling the timings. In this writ petition, the petitioner seeks a direction to the respondent to issue the permit with a set of provisional timings and thereafter settle the timings by holding a timing conference if objections are raised by any other operator to the set of provisional timings. Reliance is placed on Ext.P4 and P5 judgments of this Court in support of the said request. W.P.(C).No.31728 of 2011 2 2. When this writ petition came up for hearing on 29.11.2011, the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today, Sri.G.Gopakumar, learned Government Pleader appearing for the respondent submitted on instructions that a timing conference will be held on 12.1.2012 and the permit issued expeditiously thereafter, after settling the timings. The learned counsel for the petitioner submitted that a portion of the route namely from Moonnunirathu to Pullopi covering a distance of 10 Kms is serviced by only one stage carriage and therefore, having regard to the interests of the travelling public and the residents of the locality, the respondent may be directed to issue the permit with a set of provisional timings and thereafter settle the timings if objections are received from any quarter. 3. It is not in dispute that a portion of the route approximately 10 kilometers long is serviced only by one stage carriage. The total length of the route for which the permit is granted is 32 kilometers. Even in respect of the sector from Azhikkal to Vankulathuvayal only two stage carriages are operating. In such circumstances I dispose of the writ petition with the following directions: W.P.(C).No.31728 of 2011 3 i). The respondent shall within one week from the date on which the petitioner produces a copy of this judgment before him, issue the permit with a set of provisional timings. The respondent shall thereafter invite objections from other stage carriage operators and settle the timings within a period of three months thereafter. ii). If any existing stage carriage operator is aggrieved by the provisional 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 pm