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. 21185 of 2008(V) -------------------------- PETITIONER: -------------- SADARUDHEEN.A., S/O.ABDUL MAJEED, MMS HOUSE,KAMMANTHARA, THATHAMANGALAM PO., PALAKKAD. BY ADV. SRI.M.A.MANHU SRI.M.A.FAYAZ RESPONDENTS: ------------------ 1. REGIONAL TRANSPORT AUTHORITY, PALAKKAD REP. BY ITS SECRETARY 2. THE SECRETARY, 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.21185/08 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.11.12.2007 EXT.P3: PHOTOCOPY OF REQUEST DT. 11.12.2007. EXT.P4: PHOTOCOPY OF REQUEST DATED 11.12.2007. EXT.P5: PHOTOCOPY OF THE REQUEST DATED NIL. EXT.P6: PHOTOCOPY OF LETTER DATED 11.12.2007 SENT BY MLA TO THE CHAIRMAN, REGIONAL TRANSPORT AUTHORITY. EXT.P7: PHOTOCOPY OF EXTRACT OF THE TIME SCHEDULE DTD. 3.5.2008. EXT.P8: PHOTOCOPY OF LETTER ISSUED BY THE PRESIDENT, PATTANCHERY PANCHAYATH DT.1.7.2008. EXT.P9: PHOTOCOPY OF REQEUST OF THE MLA DATED 4.7.2008. EXT.P10: PHOTOCOPY OF REQUEST MADE BY THE PETITIONER DATED 25.6.2008. EXT.P11: PHOTOCOPY OF THE TEMPORARY PERMIT APPLICATION DTD. 22.6.2008. EXT.P12: PHOTOCOPY OF THE PROPOSED TIMINGS EXT.P13: PHOTOCOPY OF THE EXTRACT CONTAINING THE NEW SCHEDULE DTD. 26.6.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 21185 OF 2008 V ==================== Dated this the 7th day of August, 2008 J U D G M E N T It is stated that based on Exts. P2 to P6 representations received from various quarters, petitioner was granted Ext.P1 regular permit by the proceedings of the 1st respondent dated 23/1/2008. It is stated that following Ext.P1, by Ext.P7, timing conference was scheduled on 30/7/2008. However, the timing conference was adjourned and as is seen from Ext.P13, it is now scheduled to be convened on 18/9/2008. Petitioner contends that in the meantime several requests were again received from various quarters including from the Panchayat and MLA for issuing atleast a temporary permit. Though he had applied for grant of temporary permit, even that was not issued. It is in these circumstances this writ petition was filed. 2. At the stage of admission, this court passed order dated 14/7/2008 directing the respondents to consider Ext.P11 application made by the petitioner for temporary permit. Counsel for the petitioner submits that though a temporary permit was granted, that again was made subject to settlement of timings and that in view of the delay in finalising the WPC 21185/08 :2 : timings, he is not operating even on temporary permit. 3. Fact remains that by Ext.P1, a regular permit was granted to the petitioner on 23/1/2008. This grant was subject to settlement of timings. If that be so, respondents ought to have taken expeditious action for settlement of timings. Now that by Ext.P13, timing conference is scheduled to be held on 18/9/2008, I am not inclined to fix any particular date for settlement of the timings of the petitioner in pursuance to Ext.P1. However, I direct that the timings of the petitioner shall be settled on 18/9/2008 itself. 4. Learned counsel now submits that until timing conference is convened and timing is settled, he shall be permitted to operate on the temporary permit based on the proposed timings. I do not think this court will be justified in issuing any such direction. But, however, I direct that it will be open to the petitioner to move the Secretary of the RTA in this regard, in which case, the Secretary shall consider the request of the petitioner in this behalf with the seriousness it deserves. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp