Shajahan T vs The Secretary
2021 Latest Caselaw 4487 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                    WP(C).No.2076 OF 2021(H)


PETITIONER/S:

            SHAJAHAN T.
            AGED 31 YEARS
            S/O. MOIDEENKUTTY, THOOMBATH HOUSE, PARAPPUR P.O.
            KOTTAKKAL, MALAPPURAM DISTRICT.

            BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT/S:

            THE SECRETARY
            REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
            CIVIL STATION, MALAPPURAM P.O. 676 505,
            MALAPPURAM DISTRICT.




            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2076 OF 2021(H)

                               2




                          JUDGMENT

The petitioner herein was operating service on the

route of Chemmad - Cherpulassery. He applied for

variation of permit. It was granted by the RTA, subject

to the settlement of timings. Petitioner submitted that

he has already produced the current records of the

vehicle and requested for issuance of the valid regular

permit. The grievance of the petitioner is that, the

timings have not been settled, since timings

conferences have not been convened.

2. Heard the learned counsel for the petitioner

and the learned senior Government Pleader.

3. Ext.P1 is the decision of the RTA by which the

Secretary was directed to settle the timings. In the

light of the fact that there is considerable delay in the

settlement of timings, I am inclined to direct that the

respondent shall settle the proposed timing as the WP(C).No.2076 OF 2021(H)

provisional timing on the basis of the report received

from the Motor Vehicles Inspector and after ensuring

that there is no clash with the timings of the existing

operators. In case of clash, appropriate modifications

can be made and settlement of timings shall be

provisionally fixed. Orders shall be passed by the

respondent within a period of four weeks from the date

of receipt of a copy of this judgment. The timings so

settled will strictly be provisional and shall continue till

appropriate timings conference is convened. This will

not confer any right of the petitioner to insist that the

timings ultimately fixed shall be the same as now

provisionally fixed.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2076 OF 2021(H)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 07.01.2020 VIDE ITEM NO. 66.

EXHIBIT P2 PHOTOCOPY OF THE REQUEST DATED 18.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

   RESPONDENT'S/S EXHIBITS            NIL