Muhammed Jahfar vs The Secretary
2021 Latest Caselaw 14864 Ker

W.P(C).11471/2021
                                       1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
      THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                            WP(C) NO. 11471 OF 2021
PETITIONER/S:

             MUHAMMED JAHFAR, AGED 52 YEARS
             S/O.BEERANKOYA HAJI, M.K.B HOUSE, CHELEMBRA POST,
             MALAPPURAM.

             BY ADVS.
             M.VANAJA
             P.ASHA



RESPONDENT/S:

      1      THE SECRETARY
             REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
             KOZHIKODE-673020.

  ADDL R2    ADDL R2 SASIDHARAN C, S/O.CHANDRN, AGED 48 YEARS,
             VIJAYALAKSHMI HOUSE, NADAKASSERY PARAMBIL,
             KOLAKATUCHALI P O, CHELAMBRA, MALAPPURAM 673634

             BY ADV K.V.GOPINATHAN NAIR



OTHER PRESENT:

             SR.GP K.P HARISH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).11471/2021
                                     2



                              JUDGMENT

Petitioner was granted regular stage carriage permit evidenced by

Ext.P1. It was granted subject to settlement of timings. The grievance of

the petitioner is that, timing conference could not be convened for one

reason or the other. Further, even though the original application was

filed in 2019, it resulted in Ext.P1 proceedings only in 2021.

2. Third party had got himself impleaded by filing I.A.No.1 of

2021. The limited claim made by the above petitioner is that, he may

also be heard while convening timing conference.

3. Having considered the prayer sought by the petitioner, the

impleading party and the learned Government Pleader, I am inclined to

dispose of the Writ Petition by directing the respondent to call for a

report from the concerned Motor Vehicles Inspector, after satisfying

himself that the timings proposed by the petitioner does not clash with

the timings of the existing operators and thereafter, issue a permit

subject to the timings, provisionally. In case of clash, timings can be

appropriately modified or altered. The entire process shall be completed

by the respondent within a period of four weeks from the date of receipt

of a copy of this judgment. The above timings will continue till the

timing is finally settled in an appropriate timing conference. It is made W.P(C).11471/2021

clear that, timings so fixed will be strictly provisional and will not confer

any right on the party to insist the above should be treated as final

timings. Additional respondent shall file written objection in the

meanwhile, if not already filed. Respondent shall take into consideration

the objections filed by the respondent also and pass appropriate orders

considering the above objections also.

The Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE

Sbna/ W.P(C).11471/2021

APPENDIX OF WP(C) 11471/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE RTA PROCEEDINGS IN ITEM NO.4 DATED 03.02.2021.

Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RTO DATED 06.05.2021.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 15.07.2020 IN WPC NO.12155/2020.