Binoy vs Regional Transport Authority, ...
2022 Latest Caselaw 7553 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20576 OF 2022
PETITIONER:

           BINOY
           AGED 45 YEARS
           S/O. JUSA, PULICKAL HOUSE,
           ELANTHIKARA P. O.,
           PUTHENVELIKKARA, PIN - 683 594.

           BY ADV SRI. M.JITHESH MENON


RESPONDENTS:

    1      REGIONAL TRANSPORT AUTHORITY, ERNAKULAM
           CIVIL STATION, KAKKANAD,
           KOCHI - 682 030,
           REPRESENTED BY ITS SECRETARY.
    2      THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY,
           ERNAKULAM, CIVIL STATION,
           KAKKANAD, KOCHI - 682 030.
    3      ANAS. K.K.,
           S/O. ABDUL KADIR, KUTTAKATH HOUSE,
           PERUVARAM, NORTH PARUR
           PIN - 683 520.
    4      C.K. SAJEEV,
           S/O. KUTTAN, CHAKKANALIL HOUSE,
           SOUTH ADUVASSERY P. O.,
           NORTH PARUR, PIN - 683 578.

           SRI. JIMMY GEORGE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20576 OF 2022

                                 2




                           JUDGMENT

The application of the petitioner for regular

permit was considered by the 1st respondent and the

same was granted subject to settlement of timings.

Since there was a delay in settlement of timings, the

petitioner had approached this Court and this Court

by Ext.P4 judgment disposed of the writ petition

directing the 2nd respondent to convene a timing

conference and to have the timings of the petitioner

settled with notice to respondents 3 and 4 and other

affected persons, if any.

2. Pursuant to Ext.P4 judgment, Exts.P5 and

P6 notices were issued to the petitioner and

respondents 3 and 4. However, the timing

conference was adjourned. In the conference which

was held on 14.06.2022, an objection was raised WP(C).No.20576 OF 2022

pointing out that the running time given to the

petitioner to cover the sector from Elanthikara to

North Parur is wrong. Based on the objection, the

timing conference was again adjourned.

3. In the light of the objection raised in the

meeting scheduled on 14.06.2022, the petitioner had

submitted Ext.P7 request with a revised time

schedule. He seeks a direction for convening a

timing conference and for consideration of Ext.P7.

4. Heard the learned counsel for the petitioner

and the learned Government Pleader for respondents

1 and 2.

5. In the facts and circumstances of the case,

there will be direction to the 2nd respondent to

consider Ext.P7, within a period of one month from

the date of receipt of a copy of this judgment, after

notice to respondents 3 and 4 and settle the timings

and issue permit, in accordance with law. WP(C).No.20576 OF 2022

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20576 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE EXTRACT OF THE ORDER PASSED BY THE IST RESPONDENT DATED 28-10-2021. EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL- 09/AA.0007.

EXHIBIT P3 TRUE COPY OF THE LETTER PRODUCING THE CURRENT RECORDS DATED 27-12-2021 (WITH ENGLISH TRANSLATION).

     EXHIBIT P4          TRUE COPY OF THE JUDGMENT RENDERED BY
                         THIS    HON'BLE    COURT    IN    W.P.

[C]NO.3863/2022 DATED 15-02-2022. EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT WHICH WAS SIGNED ON 06-04-2022.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 05-05-

2022 ISSUED BY THE 2ND RESPONDENT (WITH ENGLISH TRANSLATION).

EXHIBIT P7 TRUE COPY OF LETTER/REQUEST SUBMITTED BY THE PETITIONER ALONG WITH THE REVISED TIME SCHEDULE DATED 15.06.2022 (WITH ENGLISH TRANSLATION).

     RESPONDENTS EXHIBITS:    NIL.