IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 18214 of 2011(B) -------------------------- PETITIONER(S): --------------------- K.P.SHYJITH,S/O.ASHOKAN,KAKKUZHIYULLA PARAMBATH,KAVILUMPARA. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ---------------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,VATAKARA,PIN-673101. BY GOVT. PLEADER SMT. ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18214 of 2011(B) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS OF THE R.T.A., VATAKARA GRANTING REGULAR PERMIT IN FAVOUR OF THE PETITIONER DATED 28.12.2009. EXT.P2: TRUE COPY OF THE PRODUCTION OF CURRENT RECORDS BEFORE THE RESPONDENT ON 1.2.2010. EXT.P3: TRUE COPY OF THE NOTICE OF THE RESPONDENT DATED 27.5.2010 FIXING THE TIMING CONFERENCE IN RESPECT OF THE PETITIONER'S SERVICE ON 8.6.2010. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18214 OF 2011 -------------------------- Dated this the 17th day of October, 2011 J U D G M E N T The petitioner applied for the grant of a fresh stage carriage permit to operate a stage carriage on the route Kuttiyadi-Mullankunnu-Kunduthode. The Regional Transport Authority, Vadakara that met on 28.12.2009 resolved to grant the permit subject to settlement of timings since the route does not violate any notified scheme. The application submitted by the petitioner was in respect of the stage carriage bearing registration No. KL-11/Q 3188. Ext.P1 is the copy of the proceedings issued by the Regional Transport Authority in that regard. Upon receipt of a copy thereof, which was endorsed for communication to the petitioner on 20.1.2010, the petitioner produced the current records of the stage carriage, referred to in the application, along with Ext.P2 letter dated 1.2.2010. Thereupon a timing conference was scheduled to be held on 8.6.2010, as can be seen from Ext.P3 notice. This writ petition is filed contending that though more than one year and 10 months have passed after the grant was made, the timing WPC No.18214/2011 2 conference has not been held and the timings settled and the permit issued. In this writ petition, the petitioner seeks a direction to the respondent to settle the timings in implementation of Ext.P1 proceedings within a time limit to be fixed by this Court. 2. The respondent has been served and entered appearance through the learned Government Pleader. The learned Government Pleader appearing for the respondent submitted on instructions that the petitioner has not complied with rule 159(2) of the Kerala Motor Vehicles Rules and that it is the reason why the permit has not been issued. The respondent has not however chosen to file a counter affidavit disputing the averment made by the petitioner in paragraph 1 and Ground 'B' of the writ petition that he had produced the current records of the vehicle on 1.2.2010. The respondent has also not disputed the fact that a timing conference was scheduled to be held on 8.6.2010 to settle the time schedule of the petitioner's stage carriage. 3. Ext.P1 grant in favour of the petitioner was made on WPC No.18214/2011 3 28.12.2009. It discloses that the had applied for a stage carriage permit to operate the stage carriage bearing registration No.KL- 11/Q 3188 on the route Kuttiyadi-Mullankunnu-Kunduthode. A copy of Ext.P1 order was endorsed for communication to the petitioner on 20.1.2010. The petitioner has in paragraph 1 and Ground 'B' of the writ petition stated in categorical terms that the records of the said stage carriage were produced along with Ext.P2 letter dated 1.2.2010 and that thereupon a timing conference was scheduled to be held on 8.6.2010. Under rule 159(2) of the Kerala Motor vehicles Rules the current records have to be produced within four months from the date of communication of the order granting the permit. If the current records of the vehicle referred to in the application or of another suitable vehicle are not produced before the Secretary of the Regional Transport Authority, which granted the permit, the grant will cease to be in force. It is only in cases where the current records are produced that a timing conference is to be held. The fact that a timing conference in respect of the petitioner's stage carriage was scheduled to be held on 8.6.2010 is not disputed. WPC No.18214/2011 4 As a matter of fact, it is evident from Ext.P3 notice of the timing conference that a timing conference was scheduled to be held on 8.6.2010 to settle the time schedule of the petitioner's stage carriage pursuant to Ext.P1 grant. Ext.P3 thus cuts at the root of the case set out by the respondent that the petitioner did not produce the current records of the stage carriage offered by him within the stipulated time of four months. I am therefore of the opinion that the petitioner is entitled to succeed. I accordingly dispose of the writ petition with a direction to the respondent to hold a timing conference, settle the timings and issue the permit in implementation of Ext.P1 proceedings of the Regional Transport Authority, Vadakara expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps