IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.26896 OF 2020(J)
PETITIONER:
K.P.GEORGE
AGED 55 YEARS
S/O. POULOSE, KARATTEPURATH HOUSE, THELEMPATTA,
MOOLANKAVU POST, WAYANAD.
BY ADV. SRI.P.DEEPAK
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
WAYANAD, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICE, KALPETTA P.O, WAYANAD - 673122.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, WAYANAD, REGIONAL
TRANSPORT OFFICE, KELPETTA P.O, WAYANAD - 673122.
OTHER PRESENT:
SR.GP SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26896 OF 2020(J)
2
JUDGMENT
Dated this the 5th day of January 2021 The petitioner applied for a regular stage carriage permit in the route Kolavally-Kalpetta. By Ext.P2 direction of this Court, it was directed that appropriate decision shall be taken on production of current records. By Ext.P4, RTA directed second respondent to accept the current records of the suitable vehicle and issue granted permit with settled set of timings. The grievance of the petitioner is that the second respondent is taking the stand that only after conveying a timing conference and settling of timing, permit can be issued. The petitioner has a further grievance that due to the present pandemic situation timing conferences are not being convened.
2. It was submitted by the learned Senior Government Pleader that on account of COVID 19, pandemic, the authority is finding it difficult to schedule timing conferences and as a provisional measure, the WP(C).No.26896 OF 2020(J) 3 timings can be settled provisionally after ensuring that the provisional timings do not clash with the timings of other vehicles operating in the same route so that unnecessary competition and inconvenience can be avoided.
3. In view of the above, W.P.(C) is disposed of as follows:
a) The second respondent shall obtain a report from the Motor Vehicles Inspector and ensure that the provisional timings offered by the petitioner do not clash with the timings of other vehicles operating on the same route. If there is any likelihood of clash of timings, the timing shall be modified accordingly. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the timing so fixed shall be provisional in nature and will continue till the timings are finally settled.
b) The above direction shall be subject to settlement of timings formally at a timing WP(C).No.26896 OF 2020(J) 4 conference which shall be scheduled by the concerned authority. If the situation is not conducive to hold an open meeting in physical mode, decision shall be taken by invoking Rule 130 of Motor Vehicle Rules.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS JUDGE SKP WP(C).No.26896 OF 2020(J) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25.01.2018 IN ITEM NUMBER 15. EXHIBIT P2 A TRUE COPY OF THE COMMON JUDGMENT DATED 15.10.2019 IN WPC NO. 26087 OF 2019. EXHIBIT P3 A TRUE COPY OF THE COVERING LETTER DATED 29.11.2019 WITH RC OF KL - 73-2475. EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 22.01.2020 IN ITEM NUMBER 4. RESPONDENTS'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE