Ratheesh Kumar K.V vs The Secretary
2021 Latest Caselaw 5064 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                      WP(C).No.2549 OF 2021(P)


PETITIONER:

              RATHEESH KUMAR K.V.
              AGED 38 YEARS
              S/O.VELAYUDHAN,
              KOCHUPARAMBIL HOUSE,
              AROOR P.O., CHERTHALA,
              PIN-688534, ALAPPUZHA DISTRICT.

              BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT:

              THE SECRETARY
              REGIONAL TRANSPORT AUTHORITY,
              CIVIL STATION, KAKKANAD,
              PIN-682030, ERNAKULAM DISTRICT.


OTHER PRESENT:

              SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 w.p(c).2549/2021                       2



                                JUDGMENT

Petitioner herein applied for variation of permit. By Ext.P1

proceedings, it was granted subject to settlement of timing in a timing

conference. It could not be convened as originally proposed by Ext.P2.

The grievance of the petitioner is that, since the timing has not been

fixed, it creates irreparable injury to the petitioner. Hence the Writ

Petition is filed.

2. After hearing learned Senior Government Pleader, I am

satisfied that, settlement conference could not be convened due to the

existing pandemic. Having considered this, I am inclined to direct that,

proposed timings evidenced by Ext.P3 shall be considered as provisional

timing, after getting the report from the concerned Motor Vehicle

Inspector and ensuring that, there is no clash of timing with other

existing operators. If there is any clash, proper changes can be made.

The above process shall be completed as expeditiously as possible, at any

rate, within a period of four weeks from the date of receipt of a copy of

his judgment. It is made clear that the above timing shall be considered

as provisional till appropriate timing meeting is convened and settled. It

is clarified that, this timing will strictly be provisional and it should not be

considered as conferring a right of the petitioner to claim it to be

considered as the final one.

Writ Petition is disposed of as above.

Sd/-

                                                  SUNIL THOMAS

Sbna                                                  JUDGE





                         APPENDIX


PETITIONER'S EXHIBITS:

EXHIBIT P1           PHOTOCOPY   OF  THE   PROCEEDINGS   OF THE

REGIONAL TRANSPORT AUTHORITY, ERNAKULAM 18.09.2019 VIDE ADDITIONAL ITEM NO.14.

EXHIBIT P2 PHOTOCOPY OF THE NOTICE ISSUED BY THE RESPONDENT PROPOSING TO CONDUCT A TIMING CONFERENCE IN RESPECT OF THE PETITIONER'S SERVICE ON 19.03.2020.

EXHIBIT P3 PHOTOCOPY OF THE TIMINGS PROPOSAL BY THE PETITIONER FOR GRANTING VARIATION.