Jaimon Joseph vs The Secretary
2021 Latest Caselaw 4319 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                      WP(C).No.2024 OF 2021(C)


PETITIONER:

              JAIMON JOSEPH
              AGED 51 YEARS
              S/O. LATE JOSEPH,
              KOOTTUMALAKUNNEL HOUSE,
              MANJOOR P. O.,
              KOTTAYAM - 686 603.

              BY ADV. SRI.I.DINESH MENON

RESPONDENT:

              THE SECRETARY
              REGIONAL TRANSPORT AUTHORITY,
              KOTTAYAM,
              CIVIL STATION P. O.,
               KOTTAYAM - 686 002.


              SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2024 OF 2021

                                         2




                                   JUDGMENT

Dated this the 5th day of February 2021

The petitioner is a stage carriage permit

holder, with respect to vehicle No.KL-5 AG 5970. The

timings of that service was last settled in the year

2014. The petitioner proposed to make slight changes in

the existing timings to avoid clash of timing to the

other operators, submitted Ext.P3 application before

the RTA. The grievance of the petitioner is that, still

the above application is not taken up and considered.

2. The learned Senior Government Pleader on

instructions submitted that, a report of the AMVI has

been received. It indicates that, as per the existing

timing, there is no clash with the other vehicles.

However, the change in timing is likely to clash with

the timings of the existing operators.

3. The learned counsel for the petitioner

disputed the above report of the AMVI on the premise

that, it is factually in correct.

4. Having considered the limited prayer sought WP(C).No.2024 OF 2021

by the petitioner, I am inclined to dispose of the writ

petition itself with a direction that, the authority

shall take up Ext.P3 application at the earliest and

pass appropriate orders, after considering the AMVI

report, other materials placed on record and the

objections of the petitioner and other operators and

shall finally settle the timings appropriately in

accordance with the request or if found necessary by

invoking Rule 145 and 212 of the Kerala Motor Vehicles

Rules.

This Writ petition is disposed of. The final

decision shall be taken within a period of six weeks

form the date of receipt of a copy of this judgment.

Sd/-

                                              SUNIL THOMAS
                                                      JUDGE

Jms                              //True Copy//        P.A to Judge
 WP(C).No.2024 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE PERMIT DATED 26.06.2019.

EXHIBIT P2              TRUE COPY OF THE PROCEEDINGS DATED
                        28.02.2014.

EXHIBIT P3              TRUE COPY OF THE REQUEST DATED 11.01.2021.


                                  //True Copy//   P.A to Judge