IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31852 of 2011(F) --------------------------------------- PETITIONER(S): -------------------------- REEJITH K., S/O.BHASKARAN, KAYALKANDY HOUSE, ERIVERI P.O., KANNUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR, PIN -670 001. BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31852/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECISION OF THE RTA DATED 25/8/2011. P2 COPY OF THE RC BOOK OF THE VEHICLE KL-13 W 2020. P3 COPY OF THE PROPOSAL TIMINGS. P4 COPY OF THE JUDGMENT IN WP(C)NO.10599/1996 DATED 5/7/1996. P5 COPY OF THE JUDGMENT IN WP(C)NO.4917/2011 DATED 17/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31852 OF 2011 -------------------------- Dated this the 12th day of December, 2011 J U D G M E N T The petitioner applied for a fresh stage carriage permit to operate a stage carriage on the route Muthukutty-Koottupuzha (via) Keeriode, Chakkarakal, Moonuperiya, Mambaram, Thalassery, Mattannur, Iritty and Anjarakandy as a limited stop ordinary service. The Regional Transport Authority, Kannur that met on 25.8.2011 resolved to grant the permit subject to settlement of timings. The petitioner submits that though he produced current records of the vehicle described in Ext.P2 certificate of registration within the time limit stipulated in rule 159 of the Kerala Motor Vehicles Rules, till date, the respondent has not settled the timings and issued the permit in implementation of Ext.P1. It is contended that a portion of the route namely from Muthukutty to Thalassery via Chakkarakal- Mambaram is a virgin route and therefore if the permit is issued expeditiously after settling the timings, it will benefit the travelling public. Relying on Exts.P4 and P5 judgments of this Court, the petitioner prays for an order directing the respondent WPC No.31852/2011 2 to issue the permit with a set of provisional timings and thereafter settle the timings if objections are received from other stage carriage operators. 2. Sri.G.Gopakumar, the learned Government Pleader appearing for the respondent submitted on instructions that a timing conference is scheduled to be held on 7.2.2012 and the time schedule of the petitioner's stage carriage will be settled at that meeting. The learned Government Pleader submitted that the petitioner is right in his submission that there is no direct service from Muthukutty to Thalassery via Chakkarakal- Mambaram and therefore the Secretary, Regional Transport Authority will settle the timings and issue the permit expeditiously and in any event after the timing conference is held on 7.2.2012. 3. I have considered the submissions made at the Bar by the learned counsel on either side. It is not in dispute that a portion of the route, namely from Muthukutty to Thalassery via Chakkarakal-Mambaram is not presently served by any other stage carriage. Such being the situation, as the need justifies the grant, I am of the opinion that respondent should issue the WPC No.31852/2011 3 permit with a set of provisional timings and thereafter settle the timings on a regular basis, if there is objection from any quarter to the set of provisional timings issued by the respondent. In such circumstances, I dispose of the writ petition with the following directions: (i) The respondent shall within one week from the date on which the petitioner produces a certified copy of this judgment before him, issue a permit to the petitioner with a set of provisional timings. (ii) The respondent shall thereafter invite objections from other stage carriage operators and settle the timings within a period of three months thereafter. (iii) If any existing stage carriage operator is aggrieved by the time schedule provisionally issued to the petitioner pursuant to 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) vps WPC No.31852/2011 4