Kunhayin vs Nil
2021 Latest Caselaw 9481 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.6293 OF 2021(J)


PETITIONER:

              KUNHAYIN
              AGED 54 YEARS
              S/O.KATHIRIKOYA, MANOLI HOUSE, KARAPARAMBA,
              KOZHIKODE.

              BY ADVS.
              SMT.P.ASHA
              SMT.M.VANAJA

RESPONDENT

              THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT
              OFFICER
              COLLECTORATE P.O., KOZHIKODE - 673 020.


              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:
                                         2

WP(C).No.6293 OF 2021(J)




                                  JUDGMENT

Dated this the 22nd day of March 2021

The petitioner is a regular stage carriage

permit holder operating on the route Kozhikode-

Koyilandy-Payyoli with the stage carriage KL 56/C

3015. The timing was last settled on 09.02.2017. In

the light of the changed circumstances, the

petitioner sought for revision of timing by

submitting Ext.P2 application.

2. The grievance of the petitioner is that,

Ext.P2 has not been considered even now, though

filed on 23.02.2021.

3. Having considered the limited prayer

sought by the petitioner, I am inclined to dispose

of the writ petition directing the respondent to

call for a report from the concerned AMVI and after

ensuring that the proposed timing in Ext.P2 does

not clash with the existing timing allotted to

WP(C).No.6293 OF 2021(J)

existing stage carriage operators along the same

route and if there is any clash by making necessary

modifications, issue a provisional timing to the

petitioner, within a period of four weeks from the

date of receipt of a copy of this judgment.

It is made clear that the above timing shall

be a provisional timing which will continue till

appropriate timings is fixed in a timing

conference. This will not confer any right on the

petitioner to insist that this should be adopted as

the final timing.

Sd/-

SUNIL THOMAS

JUDGE hmh

WP(C).No.6293 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RTA PROCEEDINGS SHOWING THE TIME SCHEDULE OF THE PETITIONER'S SERVICE 9/2/2017.

EXHIBIT P2 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 23/2/2021 ON THE ROUTE KOZHIKODE - KOYILANDY-PAYYOLI CHEERPO-PAYYOLI STAND WITH STAGE CARRIAGE KL 56/C 3015.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 9/2/2021 IN WPC NO.2287/2021.

RESPONDENT'S/S EXHIBITS: NIL