Eldhose Baby vs The Secretary
2023 Latest Caselaw 12929 Ker

Kerala High Court

Eldhose Baby vs The Secretary on 8 December, 2023

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                          WP(C) NO. 41264 OF 2023
PETITIONER/S:

     1       ELDHOSE BABY, AGED 21 YEARS, S/O BABY,KUTTIKKATTU HOUSE,
             KATTAPANA , IDUKKI, PIN - 685508

     2       ABIJITH N DAS, AGED 33 YEARS
             S/O NARAYANAN DAS, VATTAPARAMBIL HOUSE, POTTANKADU,
             BAISONVALLEY,IDUKKI, PIN - 685565

     3       VISHNU T KAVANAL, AGED 31 YEARS
             S/O SOMAN, KAVANAL HOUSE, KOZHIMALA IDUKKI, PIN - 685511

     4       SUBAIK, AGED 39 YEARS, S/O ALIYAR ,VETTARKUNNEL HOUSE,
             SELLIAMPARA, VELLATHOVAL , IDUKKI., PIN - 685563

     5       ROSHAN ISSAC, AGED 38 YEARS
             S/O K.J. ISSAC, KOTTATH HOUSE, AVILICHAL KOTHAMANGALAM,
             PIN - 686693

             BY ADV STALIN PETER DAVIS



RESPONDENT/S:

             THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL
             STATION, PAINAV P 0, IDUKKI, PIN - 685603

             JOBY JOSEPH-GP


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.41264/2023
                                      -2-




                        JUDGMENT

The present writ petition has been filed by the

petitioners for a writ of mandamus/direction to the

respondent to issue regular and valid permits to the

petitioners and settle the timings.

2. Learned Counsel for the petitioners submits that

the petitioners are the owners of stage carriages bearing

registration nos.KL-69-8494, KL-22-6557, KL-38-E-9599, KL-06-

E-3319, and KL-44-B-5380, respectively, for which they applied

for regular permits on various routes. The petitioners have

been granted the regular permits on the said routes on

17.08.2023 in Exts.P1 to P5. However, the timings have not

been settled.

2.1 He further submits that twice the timing

conferences have taken place, but no decision has been arrived

at for settling the timings for the petitioners' stage carriage

operations. It is further submitted that the petitioners are

paying tax on the vehicles, and the vehicles are standing idle

in the absence of the permit having been issued with timings.

3. Considering the said aspect of the matter that the

petitioners have already been granted permits, but the

timings could not be settled till date, the respondent is

directed to issue permits to the petitioners with the timings

expeditiously, preferably within a period of a month.

With the aforesaid direction the present writ petition

stands finally disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE

jjj

APPENDIX OF WP(C) 41264/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF PROCEEDINGS ORDER J1/3351/2023 /1D DT 17/8/2023 VIDE ITEM NO 27

Exhibit P2 A TRUE COPY OF PROCEEDINGS ORDER J1/3476/2023

Exhibit P3 TRUE COPY OF PROCEEDINGS ORDER J1 /3598/2023 /I D DT 17/8/23

Exhibit P4 TRUE COPY OF THE PROCEEDINGS ORDER J1/3688/2023 /1 D DT 17/8/23 VIDE ITEM NO 34

Exhibit P 5 A TRUE COPY OF THE PROCEEDINGS ORDER J4/3654/2023 /1 D DT 17/8/23 VIDE ITEM NO 100

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF TIMING CONFERENCE NOTICE DATED 10/11/23

Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF TIME CONFERENCE NOTICE DATED NIL

Exhibit P8 A TRUE COPY OF THE POSTPONED NOTICE (SECRETARY, RTA, IDUKKKI) DATED 01/12/2023

Exhibit P9 A TRUE COPY OF JUDGMENT IN WPC 12073/5023 DATED 12/04/2023