IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 21748 of 2011(P) --------------------------------------- PETITIONER(S): -------------------------- JOY ANTONY, AGED 43, S/O. ANTONY, THOTTATHIL HOUSE, P.O. KOTTATT, CHALAKUDY, TRICHUR. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, TRICHUR, PIN-680 001. *ADDL.R2 IMPLEADED *R2: P.L.JOHNSON, PADAMADAN HOUSE, UDAYANAGAR, THRISSUR. *ADDL.R2 IMPLEADED AS PER ORDER DATED 29/08/2011 IN IA NO.14349/2011 R1 BY GOVERNMENT PLEADER SRI.HANIL KUMAR R2 BY ADV. SRI.G.PRABHAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, ALONG WITH WPC .NO.22084 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21748/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 6/10/2010 P2 COPY OF THE COVERING LETTER DATED 6/10/2010 FILED BY THE PETITIONER. P3 COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY TRICHUR GRANTING THE REGULAR PERMIT DATED 10/1/2011. P4 COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 27/1/2011. P5 COPY OF THE JUDGMENT IN WPC NO.6133/2011 DATED 28/2/2011. P6 COPY OF THE GENERAL NOTICE DATED 26/4/2011 IN ITEM NO.14 P7 COPY OF THE GENERAL NOTICE DATED 25/7/2011 IN ITEM NO.1 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).Nos.21748 & 22084 of 2011 ----------------------------------------- Dated this the 29th August, 2011 JUDGMENT The dispute raised in these writ petitions is inter-connected. They were therefore heard together and are being disposed of by this common judgment. 2. W.P(C)No.22084/2011: The petitioners herein are stage carriage operators operating stage carriages on the route Thiruthipuram - Chalakudy and Kodakara - Annamanada respectively. The second respondent is a new entrant to the field. Recently by order passed on 10.1.2011 the Regional Transport Authority, Thrissur granted him a regular stage carriage permit to operate a stage carriage on the route Chalakudy - Mala - Annamanada - Angamaly as an ordinary service. When the permit was not issued, the second respondent filed W.P.(C)No.6133 of 2011 in this Court. By Ext.P4 judgment delivered on 28.2.2011 this Court directed the Secretary, Regional Transport Authority, Thrissur to hold a timing conference, settle the timings and issue the permit within one month from the date of production of a copy W.P(C).Nos.21748 & 22084 of 2011 -:2:- of the judgment, subject to the rider that the said direction will operate only if the second respondent has already produced the current records of the vehicle offered by him. This writ petition is filed contending that even without settling the timings the first respondent is taking steps to issue a permit on a set of proposed timings. In this writ petition the petitioners seek a direction to the first respondent to refrain from issuing a permit to the second respondent without settling the timings. 3. W.P(C)No.21748 of 2011: The petitioner herein is the second respondent in W.P.(C)No.22084 of 2011. His grievance is that notwithstanding the directions issued by this Court in Ext.P5 judgment and the enlargement of time granted by this Court, the time schedule has not been settled and the permit has not been issued. In this writ petition the petitioner seeks a direction to the respondent to issue the permit with a set of proposed timings and thereafter settle the timings if there is objection from any quarter. It is contended that for no justifiable reason the respondent is delaying the settlement of timings. It is stated that on account of the delay in settling the timings the petitioner is forced to keep his W.P(C).Nos.21748 & 22084 of 2011 -:3:- vehicle idle for the past several months. 4. When the writ petitions came up for hearing today, Sri.Hanil Kumar, learned Government Pleader appearing for the official respondent, submitted that notwithstanding the enlargement of time granted by this Court, the respondent could not settle the timings in view of a large number of objections raised by other stage carriage operators. The learned Government Pleader further submitted that in such circumstances the respondent will issue a set of provisional timings based on the proposal submitted by the petitioner in W.P.(C)No.21748 of 2011 and thereafter finalise the time schedule, if objections are received to the provisional timings from other stage carriage operators, after affording them an opportunity of being heard. 5. I have considered the submissions made at the Bar by the learned counsel on either side. As stated earlier the petitioner in W.P.(C)No.21748 of 2011 is a new entrant to the field. The permit was granted to him on 10.1.2011. The said order has become final. More than seven months have passed thereafter. By Ext.P5 judgment delivered on 28.2.2011 in W.P(C)No.6133 of W.P(C).Nos.21748 & 22084 of 2011 -:4:- 2011, this Court directed the official respondent to settle the timings and issue the permit within one month from the date of production of a copy of the judgment. The said period expired on 4.5.2011. Thereafter the official respondent sought for and were granted three months further time. The said period has also expired. However, till date the official respondent has not settled the timings in respect of the petitioner's stage carriage. Such being the situation, I am of the opinion that the respondent should issue a permit with the set of timings proposed by the petitioner in W.P.(C)No.21748 of 2011 as provisional timings and thereafter settle the timings, if objections are received from any other operator. I accordingly dispose of these writ petitions with a direction to the Secretary, Regional Transport Authority, Thrissur to issue, within one week from the date of production of a copy of this judgment, a regular permit to the petitioner in W.P.(C)No.21748 of 2011 with the set of timings proposed by him as provisional timings. The official respondent shall thereafter invite objections from other stage carriage operators and if objections are received W.P(C).Nos.21748 & 22084 of 2011 -:5:- within the stipulated time, settle the timings with notice to the petitioner in W.P.(C)No.21748 of 2011 and other stage carriage operators who have objected to the provisional timings within the stipulated time. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).Nos.21748 & 22084 of 2011 ---------------------------- JUDGMENT 29th August, 2011