T.M.Nazar vs The Secretary
2021 Latest Caselaw 12421 Ker

WP(C).No.9971 OF 2021(V)              1

              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.9971 OF 2021(V)


PETITIONER/S:

                T.M.NAZAR,
                AGED 50 YEARS
                S/O. MOIDEEN, THOPPILKUDIYIL HOUSE,
                KOOVAPPARA P. O., KOTHAMANGALAM,
                ERNAKULAM DISTRICT.

                BY ADV. SRI.O.D.SIVADAS

RESPONDENT:

                THE SECRETARY,
                REGIONAL TRANSPORT AUTHORITY, MUVATUPUZHA,
                ERNAKULAM DISTRICT, PIN - 686 601.

                SMT. VINITHA B., 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.9971 OF 2021(V)             2




                               JUDGMENT

Dated this the 11th day of May 2021

Admit. The Government Pleader takes notice for the

respondent.

2. The prayer in the writ petition is for a direction to the

respondent to issue the regular permit granted as per Exhibit P1

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 regular permit, he

cannot utilise the same since the timing conference cannot be

held due to the pandemic. Reliance is placed on Exhibit P2

judgment of this Court, which had been rendered in similar

circumstances.

3. Having considered the submissions made by the

counsel for the petitioner and the Government Pleader, I am of

the opinion that this Writ petition can be disposed of with

directions similar to those contained in Exhibit P2 judgment.

4. 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 regular permit to the petitioner 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 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

dsn

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDING DATED 08.02.2021 OF THE REGIONAL TRANSPORT AUTHORITY.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 19.10.2020 IN WP(C) NO.22104 OF 2020 OF THIS HON'BLE COURT.