IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 28170 of 2011(U) ---------------------- PETITIONER : --------------------- P.P.PRIYA, W/O. SHEEJITHKUMAR, POOKKOTTY HOUSE, KANNAPURAM EAST, MOTTAMMAL.P.O. -670301. BY ADV. SRI. I. DINESH MENON RESPONDENT : ----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR. BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28170 of 2011(U) 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 H 9574. EXT.P3 TRUE COPY OF THE PROPOSAL TIMINGS. EXT.P4 TRUE COPY OF THE JUDGMENT IN WPC NO.10599/1996 DATED 5-7-1996. EXT.P5 TRUE COPY OF THE JUDGMENT IN WPC NO.4917/2011 DATED 17-2-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28170 of 2011 ----------------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT The petitioner applied for the grant of a regular fresh stage carriage permit to operate a stage carriage on the route Pappinissery Primary Health Centre - Thekkumbad - Payangadi. The total length of the route is 27.2 kms. and it is stated that a major portion of the route is a virgin route. The Regional Transport Authority, Kannur, that met on 28.6.2011 resolved to grant the permit subject to settlement of timings. This writ petition is filed contending that though the current records of the stage carriage described in Ext.P2 certificate of registration were produced in time, the timing conference has not yet been held, the time schedule settled and the permit issued. In this writ petition the petitioner seeks a direction to the respondent to issue the permit after settling the timings within a time limit to be fixed by this Court. In the alternative the petitioner seeks a direction to the respondent to settle the timings on a provisional basis, issue the permit thereafter, invite objections and settle the timings as W.P(C).No.28170 of 2011 -:2:- directed by this Court in Exts.P4 and P5 judgments. 2. I heard Sri.I.Dinesh Menon, learned counsel appearing for the petitioner and Sri.G.Gopakumar, learned Government Pleader appearing for the respondent. Sri.I.Dinesh Menon, the learned counsel appearing for the petitioner, relying on Exts.P4 and P5 judgments, contended that as a major portion of the route is a virgin route and more than four months have been passed after the grant in the petitioner's favour was made, the respondent may be directed to settle the timings on a provisional basis, issue the permit and thereafter settle the timings, if objections are received from any other stage carriage operator to the set of provisional timings. The learned Government Pleader submitted that a timing conference is scheduled to be held on 24.11.2011 and that the petitioner's proposal evidenced by Ext.P3 is also an item on the agenda for the said meeting. The learned Government Pleader submitted that as the timing conference is scheduled to be held on 24.11.2011 there is no need for issuing a direction similar to the one contained in Exts.P4 and P5 judgments for issuing the permit with a set of provisional timings. 3. I have considered the submissions made at the Bar by W.P(C).No.28170 of 2011 -:3:- the learned counsel on either side. The fact that a major portion of the route referred to in Ext.P1 proceedings of the Regional Transport Authority is a virgin route is not disputed by the respondent. In such circumstances it is only desirable that the stage carriage commences service expeditiously. The grant in favour of the petitioner was made on 28.6.2011. Nearly four months have passed thereafter. If as contended by the petitioner 18 kms. out of the total length of the route is a virgin route, I am of the opinion that the petitioner can, for the time being, be allowed to operate the service with a set of provisional timings and thereafter a timing conference can be held and the time schedule settled on a regular basis. In such circumstances I dispose of the writ petition with the following directions. 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 provisional time schedule. The respondent shall thereafter invite objections from other stage carriage operators to the provisional time schedule and settle the timings within a period of three months from the date of issue of the permit. If any existing stage carriage operator is aggrieved by the W.P(C).No.28170 of 2011 -:4:- 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. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28170 of 2011 ---------------------------- JUDGMENT 3rd November, 2011