IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 3225 of 2011(C) -------------------------------- PETITIONER(S): ------------------- JOY ANTONY, S/O.ANTONY, THOTTATHIL HOUSE, P.O.KOTTAT, CHALAKUDY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOBBY, AGED 42, S/O.LONAPPAN, PAYYAPPILLY HOUSE, KUTTIKKAD, CHALAKUDY, TRICHUR DISTRICT. BY ADVS. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): -------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, TRICHUR, PIN 680001. BY GOVT.PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.3225/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR VARIATION FILED BY THE PETITIONER DATED 13/10/2010. P2: COPY OF THE COVERING LETTER DATED 13/10/2010. P3: COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY TRISSUR DATED 15/11/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.3225 of 2011 ------------------------------- Dated this the 10th day of March, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Palayamparambu – Chalakudy – East Konnakuzhy – Puliyilappara – St.James Medical Academy on the strength of a regular permit, which is valid till 14.6.2015. He submitted Ext.P1 application dated 13.10.2010 for variation of the permit by operating additional trips on different sectors of the route. The Regional Transport Authority, Thrissur that met on 15.11.2010 resolved to grant the variation sought subject to settlement of timings. The grievance voiced by the petitioner is that though upon receipt of the said order, the current records were produced on 27.12.2010, and the records were in order, till date, the Regional Transport Authority, has not convened a timing conference, settled the timings and issued a varied permit. In this writ petition the petitioner seeks a direction to the Secretary, Regional Transport Authority, Thrissur to settle the timings and issue the varied permit in implementation of Ext.P3 decision of the Regional Transport Authority, Thrissur within a time limit to be fixed by this Court. 2. Sri.P.M.Manoj, learned Government Pleader appearing W.P.(C) No.3225 of 2011 2 for the respondent, submitted that if the current records of the vehicle have been produced within the time limit stipulated in Ext.P3 and the records are in order, the Secretary, Regional Transport Authority, Thrissur will issue the permit after settling the timings expeditiously. 3. Ext.P3 order itself discloses that a copy thereof was communicated to the petitioner only after 30.11.2010. The petitioner has also stated in paragraph 1 of the writ petition that he had produced the current records of the vehicle on 27.12.2010. In such circumstances, as the petitioner has prima facie shown that the current records were produced within the time stipulated in rule 159 of the Kerala Motor Vehicles Rules, I am of the opinion that the respondent is bound to hold a timing conference, settle the timings and issue the varied permit expeditiously. I accordingly dispose of the writ petition with a direction to the respondent to settle the timings and issue the varied permit in implementation of Ext.P3 decision, expeditiously and in any event within one month from the date on which the petitioner produces a copy of this judgment before him. Needless to say, the respondent shall issue notice to and afford the petitioner and other stage carriage W.P.(C) No.3225 of 2011 3 operators who will be affected by the change of timings sought by the petitioner an opportunity of being heard. P.N. RAVINDRAN, JUDGE. nj.