Shejish Kumar K.C vs The Regional Transport Authority
2021 Latest Caselaw 9889 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                    WP(C).No.5315 OF 2021(L)


PETITIONER/S:

            SHEJISH KUMAR K.C.,
            AGED 40 YEARS
            S/O. CHANDRAN, KORAVANMMATTU HOUSE,
            NEENDOOR P.O., VADAKKEKARA, NORTH PARUR.

            BY ADVS.
            SRI.M.JITHESH MENON
            SMT.K.INDU (POURNAMI)
            SRI.R.BRIJESH
            SRI.P.G.MAHESHKUMAR

RESPONDENT/S:

      1     THE REGIONAL TRANSPORT AUTHORITY
            ERNAKULAM, CIVIL LINES, KAKKANAD, KOCHI-30.

      2     THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL
            LINES, KAKKANAD, KOCHI-30.




            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5315 OF 2021(L)
                                     2




                            JUDGMENT

The petitioner was granted variation permit in

relation to his vehicle, which was granted on

01.02.2020, subject to the settlement of timing. The

grievance of the petitioner is that, in spite of production

of the current records of the vehicle, the timing

conference has not been held, due to various reasons

including the existing Covid-19 pandemic. The

petitioner even agreed for a provisional timing, since the

variation was granted one year back.

2. Having heard the learned counsel for the

petitioner and the learned senior Government Pleader, I

am inclined to direct that the second respondent shall

convene the timing conference, as expeditiously as

possible, at any rate, within a period of six weeks from

the date of a receipt of a copy of this judgment and if

for any reason, the timing conference cannot be

convened, due to reasons beyond the control of the WP(C).No.5315 OF 2021(L)

authority, the second respondent shall consider the

grant of a provisional timing on the basis of a report to

be called from the AMVI and after ensuring that the

provisional timing does not clash with the existing timing

of the stage carriage operators in the same route and if

there is any clash by appropriately modifying the timing.

This shall be done within the above said period only if

there is no chance of the meeting being convened.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.5315 OF 2021(L)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE EXTRACT OF THE AGENDA FOR THE MEETING OF THE 1ST RESPONDENT DATED 10.1.2020 RELATING TO ITEM 21.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 1.2.2020.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 14.7.2020.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13458/2019 DATED 14.5.2019.

   RESPONDENT'S/S EXHIBITS         NIL