Moideenkuty vs The Secretary
2021 Latest Caselaw 4649 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                      WP(C).No.2281 OF 2021(I)


PETITIONER:

              MOIDEENKUTY
              AGED 37 YEARS
              S/O.MARAKKAR,
              KOORITHODIKA HOUSE,
              PALASSERIMADU,
              KOORIAD P.O.,
              VENGARA,
              MALAPPURAM DISTRICT.

              BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT:

              THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY,
              MALAPPURAM, CIVIL STATION,
              MALAPPURAM P.O.,
              PIN-676505,
              MALAPPURAM DISTRICT.


              SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2281 OF 2021

                                       2




                                   JUDGMENT

Dated this the 9th day of February 2021

The petitioner applied for a regular permit on the

route of Vengara - O K M Nagar. By Ext.P1, it was

allowed, subject to settlement of timings. The

petitioner has produced the vehicle and the timing

conference was scheduled to be held on 09.04.2020.

Meeting could not be held on that day due to Covid-19

pandemic and thereafter, it has not been taken up for

consideration.

2. The grievance of the petitioner is that, due

to non-settlement of timings, he is not able to run the

vehicle which causes extreme hardship to him. He

requested that, the timing proposed by him may be

accepted.

3. Having considered the submission of the

learned counsel for the petitioner and after hearing

the learned senior Government Pleader for the

respondents, I am inclined to dispose of the writ WP(C).No.2281 OF 2021

petition, directing the first respondent to call for a

report from the concerned Motor Vehicles Inspector and

after satisfying himself that, the timing proposed by

the petitioner as evident from Ext.P1 does not clash

with the timings of the existing operators, he shall

issue permit subject to the timings provisionally. In

case of any clash, the timing can be appropriately

altered. The above process shall be completed by the

respondent within a period of four weeks from the date

of receipt of a copy of this judgment. This timing will

continue till the timing is finally settled in a timing

conference to be convened later. It is made clear that,

this timing will be purely provisional and will not

confer any right to the petitioner, to claim that it

should be considered as the final timing.

Writ Petition is disposed of as above.

Sd/-

                                           SUNIL THOMAS
                                                  JUDGE

Jms                          //True Copy//   P.A to Judge
 WP(C).No.2281 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              PHOTOCOPY OF THE PROCEEDINGS OF THE

REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 10.07.2019 VIDE ITEM NO.16.

EXHIBIT P2 PHOTOCOPY OF THE EXTRACT OF THE NOTICE DATED 09.03.2020 PROPOSING TO CONVENE A TIMING CONFERENCE ON 09.04.2020 (SL.NO.56) IN RESPECT OF THE PETITIONER'S SERVICE.

//True Copy// P.A to Judge