K.P.George vs The Regional Transport Authority
2021 Latest Caselaw 159 Ker

               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)

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)

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)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25.01.2018 IN ITEM NUMBER

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

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE