IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 20814 of 2008(C) -------------------------- PETITIONER: -------------- A.ABDUL HAKEEM, AGED 36 YEARS, S/O.ABDUL AZEEZ, DUBAI HOUSE, PUTHUNAGARAM, PALAKKAD. BY ADV. SRI.M.A.MANHU SRI.M.A.FAYAZ RESPONDENTS: ----------------- 1. REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20814/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 1ST RESPONDENT DT 23.1.2008. EXT.P2: PHOTOCOPY OF THE REQUEST DTD.7.12.2007 EXT.P3: PHOTOCOPY OF REQUEST DT. 7.12.2007. EXT.P4: PHOTOCOPY OF REQUEST DATED NIL. EXT.P5: PHOTOCOPY OF ORDER REQEUST DTD. 11.12.2007. EXT.P6: PHOTOCOPY OF REQUEST DTD. 11.12.2007. EXT.P7: PHOTOCOPY OF LETTER BY THE MLA DTD. 11.12.2007. EXT.P8: PHOTOCOPY OF EXTRACT OF THE TIME SCHEDULE DTD.3.5.2008. EXT.P9: PHOTOCOPY OF RESOLUTION PASSED BY THE PANCHAYATH DTD.26.2.2008. EXT.P10: PHOTOCOPY OF LETTER OF C.ACHUTHAN, MLA DTD. 4.7.08. EXT.P11: PHOTOCOPY OF NEWS PHOTO APPEARED IN THE MANORAMA DAILY. EXT.P12: PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER DT.25.6.08. EXT.P13: PHOTOCOPY OF TEMPORARY PERMIT APPLICATION DT 17.6.08. EXT.P14: PHOTOCOPY OF THE PROPOSED TIMINGS DATED NIL. EXT.P15: PHOTOCOPY OF THE EXTRACT OF NEW SCHEDULE 28.6.08. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 20814 OF 2008 C ==================== Dated this the 7th day of August, 2008 J U D G M E N T Based on Exts. P2 to P7 requests received from the Panchayat as also the MLA, petitioner submits that he was granted Ext.P1 permit on 23/1/2008. By Ext.P8 timing conference was scheduled to 5/8/08, but the same was adjourned and now by Ext.P15, it is scheduled to be convened on 23/9/2008. Petitioner submits that since the route in question is ill served, requests were received from various quarters to issue atleast temporary permit. It is stated that he submitted Ext.P13 application also for this purpose enclosing Ext.P14 proposed timings. Even on that orders are not passed. 2. Since the position is that though he has a regular permit, petitioner was not in a position to operate the vehicle for want of settlement of timings. Similarly, orders were not passed on the application made for temporary permit. It is in these circumstances, this writ petition was filed. 3. At the stage of admission, this court passed order dated 10/7/2008 directing the authorities to consider the application made by the WPC 20814/08 :2 : petitioner for a temporary permit and it is now stated that though order was passed, that again was subject to settlement of timings, which has not been done so far. 4. Since permit has been granted by Ext.P1, necessarily, timing conference should have been convened without delay. Taking into account the inordinate delay that is already caused, this court would have fixed a time frame for finalising the timing of the petitioner. But however, having regard to the fact that timing conference is already scheduled to 23/9/2008, I refrain from passing such an order, but only direct that the timing of the petitioner shall be settled on the date as proposed in Ext.P15. 5. Learned counsel seeks a direction to the respondents to permit him to operate on temporary permit based on the proposed timings. This court will not be justified in issuing any such positive direction, but only directs that if the petitioner so desires, he may move the Secretary of the RTA, in which case, the Secretary shall consider the request with the seriousness it deserves. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp