Usha R vs The Secretary
2021 Latest Caselaw 9726 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                    WP(C).No.5070 OF 2021(G)


PETITIONER/S:

            USHA R.,
            AGED 46 YEARS
            W/O. LATE APPUKUTTAN NAIR,
            SREE DURGA, P.O.NADAKKUZHATHE, VADAKARA-673 104.

            BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

            THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY
            VADAKARA, REGIONAL TRANSPORT OFFICE,
            CIVIL STATION P.O., VADAKARA-673 101.




            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5070 OF 2021(G)
                                2




                           JUDGMENT

The petitioner is a stage carriage permit holder in

relation to the stage carriage KL-18F 2322. The timing of

the petitioner's service was last settled in 2003. Due to

change of circumstances, he proposed to apply for

revision of timings. Ext.P2 request was made, which is

still pending. The grievance of the petitioner is that since

steps were not taken to revise the timing, irreparable

injury is caused to him.

2. Having heard the learned counsel for the

petitioner and the learned senior Government Pleader, I

am inclined to dispose of the Writ Petition, by directing

the respondent to call for a report from the AMVI

regarding the timings of other vehicles plying in the route

and after considering the input, the respondent shall

ascertain whether timing proposed in Ext.P2, overlaps or

clashes with the timings of the other existing stage

carriage operators and if there is any clash, after WP(C).No.5070 OF 2021(G)

appropriately modifying the timing, shall provisionally fix

the timing. This decision shall be taken as expeditiously

as possible, at any rate, within a period of four weeks

from the date of receipt of a copy of this judgment. This

will remain as a provisional timing till final decision is

made after appropriate timing conference is convened. It

is made clear that this will be strictly provisional timing

and will not confer any right of the petitioner to insist

that it should be adopted as the final timing.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.5070 OF 2021(G)

APPENDIX

PETITIONER'S/S EXHIBITS:

   EXHIBIT P1        TRUE COPY OF THE PERMIT DATED
                     10.7.2018

   EXHIBIT P2        TRUE COPY OF THE REQUEST SUBMITTED
                     BY THE PETITIONER DATED 18.2.2021


   RESPONDENT'S/S EXHIBITS    NIL