IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 29820 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ K.JAYACHANDRAN, AGED 39, S/O.JANAKI AMMA, KAIPPILLY HOUSE, P.O.AYYAPPANKAVU,KOZHUKULLY, TRICHUR DISTRICT, PIN- 680 751. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): -------------------------- THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. PIN- 678 001. BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29820/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD DATED 6/7/2010. P2 COPY OF THE JUDGMENT IN M.V.A.A.NO.256/2010 DATED 12/5/2011. P3 COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD DATED 29/7/2011. P4 COPY OF THE JUDGMENT IN WP(C)NO.25046/2011 DATED 29/9/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No.29820 OF 2011 -------------------------- Dated this the 21st day of November, 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 Palakkad Town Bus stand- Kongad via Mercy College, Kallekkad, Edathara, Parli, Mankurissi, Kalloor, Chirakkad, Kunnathupura, Kallapady, Vadassery as an ordinary service. The application was initially rejected by Ext.P1 order dated 6.7.2010. Aggrieved thereby, the petitioner filed an appeal before the State Transport Appellate Tribunal, Ernakulam. By Ext.P2 judgment delivered on 12.5.2011, the Appellate Tribunal allowed the appeal, set aside Ext.P1 and directed the grant of a fresh permit subject to settlement of timings. Consequently, the Regional Transport Authority, Palakkad issued Ext.P3 proceedings dated 29.7.2011 grating a regular permit subject to settlement of timings. This writ petition is filed contending that though more than three months have passed thereafter, till date, the timing conference has not been held, the time schedule settled and the permit issued. In this writ petition, the petitioner seeks a direction to WPC No.29820/2011 2 the respondent to settle the timings and to issue the permit in implementation of Ext.P3 proceedings within a time limit to be fixed by this Court. 2. When the writ petition came up for admission hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the respondent submitted on instructions that a timing conference is scheduled to be held on 1.12.2011, that the time schedule of the petitioner's stage carriage will be settled in the said timing conference and the permit issued expeditiously thereafter. In the light of the said submission and having regard to the fact that nearly three months have passed after the grant in favour of the petitioner was made, I dispose of the writ petition with a direction to the respondent to settle the timings and issue the permit in implementation of Ext.P3 proceedings expeditiously and in any event within one week from 1.12.2011. If for any reason the respondent is not in a position to settle the time schedule of the petitioner's stage carriage on 1.12.2011, the respondent shall issue the permit with a set of provisional WPC No.29820/2011 3 timings, hold a timing conference and finally settle the timings after inviting objections within a period of three months from the date on which the permit is issued with a set of provisional timings. If any existing stage carriage operator is aggrieved by the set of provisional timings allotted pursuant to this judgment, it will be open to him or her to object to the timings and request the respondent to convene a timing conference and settle the timings. In that event the respondent shall hold the timing conference and settle the timings within three months from the date on which any objection is received to the set of provisional timings. P.N.RAVINDRAN, (JUDGE) vps WPC No.29820/2011 4 WPC No.29820/2011 5