Don Paul Sunny vs The Secretary
2023 Latest Caselaw 5375 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                        WP(C) NO. 14562 OF 2023
PETITIONER:

          DON PAUL SUNNY
          AGED 32 YEARS
          S/O LATE SUNNY T.P.,
          THALACHIRA HOUSE, MAIKAV P.O.,
          THAMARASSERY, KOZHIKODE, PIN - 673 573

          BY ADV I.DINESH MENON



RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY,
          KOZHIKODE, REGIONAL TRANSPORT OFFICE,
          CIVIL STATION P.O., KOZHIKODE, PIN - 673 020

          SRI.JIMMY GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14562 OF 2023
                                      2




                      MOHAMMED NIAS C.P, J
                    ----------------------------------------
                     WP (C) No.14562 of 2023
                  -------------------------------------------
              Dated this the 25th day of April, 2023

                            JUDGMENT

The petitioner is the registered owner of a stage

carriage bearing Reg. No.KL-40-3791. By Ext. P1 order, the

petitioner has been granted a regular permit to operate

service on the route Thamarassery - Chembukadav -

Koorottupara by the RTA, Kozhikode. 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. I.Dinesh Menon, the learned counsel

appearing for the petitioner and Sri.Jimmy George, the

learned Government Pleader.

3. The learned Government Pleader submits that the

timings can be settled and the permit can be issued within WP(C) NO. 14562 OF 2023

a period of one month.

4. I find that as per proceedings dated 22.11.2022,

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. In that view of the matter, necessary directions can

be issued to give effect to Exhibit P1.

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 WP(C) NO. 14562 OF 2023

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/-

MOHAMMED NIAS C.P, J

JUDGE sn WP(C) NO. 14562 OF 2023

APPENDIX OF WP(C) 14562/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY KOZHIKODE DATED 22.11.2022

Exhibit P2 THE TRUE COPY OF THE REPORT SUBMITTED BY THE FIELD OFFICER DATED 5.11.2022.

Exhibit P3 A TRUE COPY OF THE RC DETAILS OF THE VEHICLE KL-40-3791 OBTAINED FROM THE WEBSITE

Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO,12073/2023 DATED 12.04.2023

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE