Sereena A.T vs The Regional Transport Authority
2024 Latest Caselaw 13872 Ker

Citation : 2024 Latest Caselaw 13872 Ker
Judgement Date : 28 May, 2024

Kerala High Court

Sereena A.T vs The Regional Transport Authority on 28 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                    WP(C) NO. 19144 OF 2024
PETITIONER:

         SEREENA A.T
         AGED 45 YEARS
         W/O ASIF, MUTHALAKUNDU NILAM.
         P.O. PERUVAYAL, KALLERI,
         KOZHIKODE, PIN - 673008

         BY ADVS.
         RILGIN V.GEORGE
         K.T.RAVEENDRAN


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY
         KOZHIKODE, REPRESENTED BY ITS SECRETARY,
         REGIONAL TRANSPORT OFFICE,
         KOZHIKODE, PIN - 673020
    2    THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY, KOZHIKODE,
         REGIONAL TRANSPORT OFFICE, KOZHIKODE - 673020

         SRI.BINOY DAVIS, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 28.05.2024,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.19144 of 2024
                                 2


                          JUDGMENT

Dated this the 28th day of May, 2024

The petitioner, who has been granted Regular Permit for

running Stage Carriage on the route Malikkadavu-

Payyanakkal-Mokavoor-Gotheeswaram, has approached this

Court seeking to direct the 2 nd respondent-Secretary, Regional

Transport Authority to endorse the Regular Variation of Permit

granted as per Ext.P1 decision of the 1st respondent with the

timings proposed by the petitioner in her application for

variation of permit provisionally reserving the right of the

2nd respondent to settle the timings thereafter.

2. The petitioner states that the petitioner applied for

the grant of Regular Variation of Permit. The application was

considered by the 1st respondent in its meeting held on

27.02.2024. After hearing all interested parties, the

1st respondent proceeded to sanction the application.

Consequently, the variation was granted subject to settlement

of timings without change in the existing timings other than the

variation. Since the regular variation was granted by the

1st respondent, it is incumbent on the 2nd respondent to

convene a Timing Conference and settle the timings as

ordered by the 1st respondent. Ext.P1 decision of the

1st respondent rendered as early as on 27.02.2024, has not

been given effect to till date. Hence, the petitioner is before

this Court.

3. Senior Government Pleader representing the

respondents submits that the petitioner's application can be

considered in the next Timing Conference, after hearing all

affected parties, in accordance with law.

4. I have heard the learned Counsel appearing for the

petitioner and the learned Senior Government Pleader

representing the respondents.

5. It is evident that the petitioner has been granted a

Regular Permit as per Ext.P1. What is needed is only

allotment of timings and issuance of permit. The petitioner has

proposed certain timings.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent-Secretary, Regional Transport

Authority to grant timings in respect of Regular Permit granted

to the petitioner, after hearing all the parties in the next Timing

Conference.

Sd/-

N.NAGARESH JUDGE spk

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 27.02.2024 Exhibit P2 TRUE COPY OF THE COVERING LETTER DATED 17.05.2024 Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 20.03.2024 OF THE CHIEF ELECTORAL OFFICER Exhibit P4 TRUE COPY OF THE JUDGMENT REPORTED IN 2016 (2) KHC 253