IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25046 of 2011(E) -------------------------- PETITIONER(S): --------------- MUMTHAS, W/O.ABDUL RAHMAN, PANKAMVALAPPIL HOUSE, PONNAMCODE,VAZHEMPURAM, THACHAMPARA,MANNARKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD 678 001. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 25046/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE DECISION OF THE RTA DATED 30.6.2011 EXT.P2 TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-9 J 5080. EXT.P3 TRUE COPY OF THE PROPOSAL TIMINGS. EXT.P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.10599/1996 DATED 5.7.1996 EXT.P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.4917/2011 DATED 17.2.2011. RESPONDENTS' EXHIBITS: NIL True copy P.A. to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25046 OF 2011 -------------------------- Dated this the 29th day of September, 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 Mannarkkad-Kongad via Pallikurup, Kilirani, Vazhempuram, Karuvanpady, Kavumpady, Korankadavu, Ummanazhi, Pulapatt and Kottassery as an ordinary service. The Regional Transport Authority, Palakkad that met on 30.6.2011 resolved to grant the permit subject to settlement of timings. The route has a length of 27.2 Kms and covers a virgin portion from Karuvanpadi to Korankadavu having a length of 3.4 Kms. This writ petition is filed alleging that though nearly three months have passed after the permit was granted, till date, the timing conference has not been held and the permit issued. In this writ petition, the petitioner seeks a direction to the respondent to issue the permit after settling the timings on a provisional basis and thereafter settle the timings, if there is objection from any other stage carriage operator. In the alternative, the petitioner seeks a direction to the respondent to settle the timing and issue the permit within a WPC No.25046/2011 2 time limit to be fixed by this Court. It is contended that as the route covers a virgin route having a length of 3.4 Kms, if the permit is expeditiously issued, it will benefit the travelling public and the persons residing in the sector from Karuvanpadi to Korankadavu. 2. When the writ petition came up for admission hearing on 22.9.2011, the learned Government Pleader was requested to get instructions. Today, when the writ petition came up for further hearing, Sri.G.Gopakumar, the learned Government Pleader appearing for the respondent submitted on instructions that the timing conference is scheduled to be held on 10.11.2011 and that the time schedule will be settled and the permit issued expeditiously thereafter. 3. Ext.P1 grant discloses that the route has a length of 27.2 Kms. The agenda of the meeting, a copy of which is produced as Ext.P3, discloses that a portion of the route through which the petitioner proposes to operate the service (Karuvanpadi to Korankadavu having a length of 3.4 Kms) is a virgin route. In other words, that sector is not served by any WPC No.25046/2011 3 other existing stage carriage operator. The grant in favour of the petitioner was made on 30.6.2011. Nearly three months have passed thereafter. This Court has in a series of decisions, which are produced as Exts.P4 and P5, held that where the need justifies the grant, the Secretary of the Regional Transport Authority, can issue the permit with a set of provisional timings and thereafter settle the timings, if there is objection from any other existing stage carriage operator. Under rule 131 of the Kerala Motor Vehicles Rules the Secretary of the Regional Transport Authority is bound to give effect to the decisions taken by the Regional Transport Authority. In such circumstances, as nearly three months have passed after the grant in favour of the petitioner and a portion of the route through which the petitioner will operate the service is a virgin route, I am of the opinion that the respondent should issue a set of provisional timings for the time being and thereafter settle the timings and revise it, if objections are raised by any other existing stage carriage operator. I accordingly dispose of the writ petition with the following directions: WPC No.25046/2011 4 (i) The respondent shall within one week from the date on which the petitioner produces a certified copy of this judgment before him, issue a set of timings to the petitioner on a provisional basis and shall immediately thereafter issue the permit to the petitioner. (ii) The respondent shall thereafter invite objections from other stage carriage operators and settle the timings within a period of three months thereafter. If any exiting stage carriage operator is aggrieved by the provisional time schedule issued to the petitioner pursuant to 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) vps