Jibin Divakaran vs The Secretary
2022 Latest Caselaw 10726 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                   WP(C) NO. 33030 OF 2022
PETITIONER:

          JIBIN DIVAKARAN
          AGED 34 YEARS
          S/O.DIVAKARAN, KADUKKAKUNNEL,
          VELLAMKANDAM, AYYAPPANCOIL,
          IDUKKI, KAITHOTTY, KERALA - 685 507.
          BY ADV I.DINESH MENON

RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, IDUKKI - 685 603.
OTHER PRESENT:

          0
          SRI.V.K.SUNIL, SR.GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.33030/2022

                                        2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.33030 of 2022
             ----------------------------------------------
           Dated this the 21st day of October, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or such other writs, order or direction, directing the Secretary, Regional Transport Authority, Idukki to consider Exhibit P3 request for modified time schedule at the time of settlement of timings for the issuance of the granted regular permit as evidenced by Exhibit P2 within a time frame as this Hon'ble Court may deem fit and proper.

ii. To grant such other reliefs as this Honorable Court may deem fit and proper.

(SIC)

2. Petitioner is granted with a regular permit on the

route Mlamala-Kattappana. According to the petitioner, the

timings he had initially proposed is not available at present.

Hence he has preferred a modified proposal relating to

timings alone and preferred a request for the same to be

considered at the time when the timings are being confirmed.

The prayer in this writ petition is to consider the same. WP(C).No.33030/2022

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The Government Pleader,

after getting instructions, submitted that after getting regular

permit, the petitioner refused to produce the current records

within 30 days. The Government Pleader further submitted

that even now the current records are not produced and in

such circumstances, this Court may not pass any orders in this

case. The Government Pleader also submitted that Ext.P3 is

not received by the respondent as on 20.10.2022. The counsel

for the petitioner, on the other hand, takes me through Ext.P2

and submitted that the order was served on the petitioner only

on 23.07.2022 and the petitioner has got sufficient time to

produce the current records. The counsel also handed over a

copy of the postal receipt to show that Ext.P3 is received by

the respondent.

I do not want to make any observation about these

contentions. If the current records are produced by the

petitioner, there can be a direction to the respondent to

consider Ext.P3.

WP(C).No.33030/2022

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner will produce the current

records within one week from the date

of receipt of a copy of this judgment.

2. Once the current records are received,

the respondent will consider the

question of delay in producing the

current records and pass appropriate

orders, and thereafter will consider and

pass appropriate orders in Ext.P3, as

expeditiously as possible, at any rate,

within two months from the date of

production of the current records.

3. The petitioner will produce a copy of the

writ petition also before the respondent.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.33030/2022

APPENDIX OF WP(C) 33030/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGENDA OF THE MEETING OF THE R.T.A.IDUKKI HELD ON 4/6/2022.

Exhibit P2 TRUE COPY OF THE DECISION OF R.T.A.

IDUKKI DATED 4/6/2022.

Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 4/10/2022.