Padmanabhan.M vs The Secretary
2021 Latest Caselaw 9464 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                       WP(C).No.5015 OF 2021(B)


PETITIONERS:

               PADMANABHAN.M.,
               AGED 69 YEARS
               S/O.GOPALAN,
               ANUPAMA NIVAS,
               CHELERI P.O.,
               KANNADIPARAMBA, KANNUR.

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

               THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY,
               CIVIL STATION,
               KANNUR, PIN-670002.


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).5015/2021
                                    2




                              JUDGMENT

Petitioner herein is an existing stage carriage operator in the

route Kayyankode - Kannur HQ hospital. The existing timing was fixed

at the time of granting of the permit. According to the petitioner, above

timing creates a lot of inconvenience to the petitioner now and in the

changed circumstances, he sought for revision of timing. Ext.P2

application was submitted for the above purpose. Petitioner laments

that, no order has been passed on that application even though it was

filed in January 2021.

2. Heard the learned counsel for the petitioner and the learned

Senior Government Pleader.

3. Learned Senior Government Pleader invited my attention to

a communication dated 10.03.2021 from the office of the Chief Electoral

Officer, Kerala directing all District Collectors that, all RTA board

meetings, process of issue of permits and convening of timing

conference may be deferred till election process is over.

4. After hearing the learned counsel for the petitioner and also

the learned Senior Government Pleader, I am inclined to dispose of the

Writ Petition itself by directing the respondent to call for a report from

the field Officer and after considering the field Officer's report as well W.P(C).5015/2021

as timing proposed in Ext.P2 and after ensuring that, there is no clash

of timings with the timings allotted to the existing operators,

provisionally fix the timing. The above timing will be in force till

appropriate timing conference is convened in accordance with law. This

will not confer any right on the petitioner to insist that, provisional

timing shall be considered as the final one. Orders shall be passed by

the appropriate authority within a period of six weeks from the date of

receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).5015/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE TIME      SHEET   OF   THE
                     PETITIONER'S SERVICE.

EXHIBIT P2           TRUE COPY OF THE REQUEST SUBMITTED BY THE
                     PETITIONER FOR REVISION OF TIMING DATED
                     18.1.2020.