Sunil Kumar vs The Secretary
2021 Latest Caselaw 12414 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.10158 OF 2021(T)


PETITIONER/S:

                SUNIL KUMAR
                S/O. SASIDHARAN, S.S. BHAVAN,
                CHERUMOODU, VELLIMON P.O,
                KOLLAM.

                BY ADV. SRI.O.D.SIVADAS


RESPONDENT:

                THE SECRETARY
                REGIONAL TRANSPORT AUTHORITY,
                CIVIL STATION, KOLLAM, PIN - 691001.


                SMT. MABLE C KURIAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10158 OF 2021(T)

                                    2



                               JUDGMENT

Dated this the 11th day of May 2021

Admit. The Government Pleader takes notice for the

respondent. The prayer in the Writ petition is for a

direction to the respondent to issue the variation of

the permit granted as per Exhibit P2 to the petitioner,

with a tentative set of timings as suggested by the

petitioner, without any delay. The grievance of the

petitioner is that even though he has been issued with

a permit, and the variation of the permit was

considered as Item No.58 at the meeting of the RTA,

Kollam held on 10.2.2021 and granted, he has not been

issued the permit incorporating the variation. It is

submitted that there is no likelihood of a timing

conference being held in the near future and the delay

seriously affects him. Reliance is placed on Exhibit P3

judgment of this Court, which had been rendered in

similar circumstances.

2. Having considered the submissions made by the

counsel for the petitioner and the Government Pleader, WP(C).No.10158 OF 2021(T)

I am of the opinion that this writ petition can be

disposed of with directions similar to those contained

in Exhibit P3 judgment.

3. In the above circumstances it is ordered that;

(a) The respondent shall obtain a report from the Motor Vehicles Inspector and ensure that the provisional timings offered by the petitioner do not clash with the timings of other vehicles operating on the same route. If there is a likelihood of a clash of timings, the timing shall be modified accordingly and thereafter the respondent shall issue the permit to the petitioner incorporating the variation granted as per Ext.P2, within a period of 6 weeks from the date of receipt of a copy of this judgment. It is made clear that the timings so fixed shall be provisional.

(b) The above direction shall be subject to settlement of timings formally at the timing conference which shall be scheduled by the concerned authority. If the situation is not conducive to hold an open meeting in physical mode, the respondent may hold the conference, virtually, if there are no other WP(C).No.10158 OF 2021(T)

impediments.

(c) The issuance of permit as directed above shall not confer any right on the petitioner to insist on the same timings at the time of settlement of timings at the formal meeting to be convened by the Regional Transport Authority as per direction (b).

The petitioner shall produce a copy of the Writ

petition along with a copy of the judgment before the

Respondent to ensure compliance.

Sd/-

T.R.RAVI, JUDGE

Pn WP(C).No.10158 OF 2021(T)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE AGENDA OF THE RTA MEETING DATED 10.02.2021.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE DECISION OF THE RTA, KOLLAM GRANTING VARIATION OF PERMIT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 19.10.2020 IN WP(C) NO. 22104 OF 2020 OF THIS HON'BLE COURT.