Amal.J. Mannoor vs The Secretary
2023 Latest Caselaw 4532 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
                           1945

                 WP(C) NO. 12073 OF 2023
PETITIONER/S:

           AMAL.J. MANNOOR
           AGED 42 YEARS
           S/O. JOSEPH
           MANNOOR HOUSE, MARIKA P.O
           KOOTHATTUKULAM, PIN - 686662

           BY ADV K.V.GOPINATHAN NAIR

RESPONDENT/S:

           THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY,
           IDUKKI, KERALA, PIN - 685603

           SMT AMMINIKUTTY SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12073 OF 2023

                                    2



                              JUDGMENT

The petitioner is the registered owner of a stage carriage bearing

Reg. No.KL-73-C-2077. By Ext. P1 order, the petitioner has been granted

a regular permit to operate service on the route Thopramkudy-

Thodupuzha by the RTA, Idukki. His prayer in this writ petition is to

issue the regular permit with the proposed set of timings provisionally

without prejudice to the right of the respondent to settle the timings.

2. Heard Sri. K.V. Gopinathan Nair, the learned counsel

appearing for the petitioner, and Smt. Amminikutty, the learned Senior

Government Pleader.

3. The learned Government Pleader submits that the timings

can be settled and the permit can be issued within a period of one

month.

4. I find that as per proceedings dated 4.6.2022, that regular

permit was granted to the petitioner. Though numerous timing

conferences were scheduled to grant the regular permit, it has been

adjourned for one reason or the other, as is evident from Exhibits P2 and

P3. In that view of the matter, necessary directions can be issued to give

effect to Exhibit P1.

WP(C) NO. 12073 OF 2023

Having regard to the facts and circumstances and the submissions

advanced, this Writ Petition is disposed of by directing the respondent to

issue the permits to the petitioner by accepting the timing offered by

him as provisional timings to govern the operation under the permit

subject to the condition that the timings will be formally settled in a

properly constituted timing conference. The respondent shall do the

needful in issuing the permits based on the directions issued above

within two weeks from the date of receipt of a copy of this judgment. It

is made clear that the issuance of the permit with provisional timing will

not be seen as conferring any right on the petitioner to insist on the

same timings at the time of settlement of the timings at the formal

meeting to be convened by the Regional Transport Authority. The

petitioner shall produce a copy of the writ petition together with a copy

of the judgment before the respondent to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

avs WP(C) NO. 12073 OF 2023

APPENDIX OF WP(C) 12073/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 4.6.2022

Exhibit P2 TRUE COPY OF THE NOTICE REGARDING THE TIMING CONFERENCE FIXED TO 22.3.2023

Exhibit P3 TRUE COPY OF THE NOTICE ADJOINING THE TIMING CONFERENCE FROM 22.3.2023 TO 24.3.2023