Binith Balan vs The Regional Transport Authority
2024 Latest Caselaw 28933 Ker

Kerala High Court

Binith Balan vs The Regional Transport Authority on 3 October, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 34498 OF 2024              1




                                                                      2024:KER:74079
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

         THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                             WP(C) NO. 34498 OF 2024


PETITIONER:

              BINITH BALAN,
              AGED 41 YEARS
              S/O.BALAN ,SARANG CHEEKOTH HOUSE, KALLIKANDY.P.O., KANNUR
              DISTRICT, PIN - 670639


              BY ADV PRASAD CHANDRAN


RESPONDENTS:

     1        THE REGIONAL TRANSPORT AUTHORITY,
              REPRESENTED BY ITS SECRETARY, CIVIL STATION, KANNUR, KERALA,
              PIN - 670002

     2        THE SECRETARY,
              OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION,
              KANNUR, KERALA, PIN - 670002



              SRI. SREEJITH V.S.-GP


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34498 OF 2024                2




                                                                        2024:KER:74079
                                    JUDGMENT

The present writ petition has been filed with the following

prayers:

"i) issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd respondent to issue the varied permit to operate service to operate on the route Parappuram-Thottilpalam as per Exhibit P2 in interest of justice forthwith or within a time limit;

ii) issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd respondent to issue the varied permit with proposed timing subject to revision if found necessary and pass final orders convening a timing conference in the interest of justice forthwith or within a time limit;

iii) to issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case."

2. The petitioner has been granted regular permit on 19.07.2023.

However, in the absence of a fixed timing for using the regular permit, the

petitioner has not been able to operate the stage carriage in accordance

with the valid permit. He further submits that four times the timing

conference was scheduled for fixing the timing for the regular permit.

However, till date, no decision has been taken.

Considering the aforesaid prayer, the present writ petition is

disposed of with direction to the respondents to take a necessary decision

for fixing the timing for the regular permit of the petitioner in Ext.P2,

2024:KER:74079 expeditiously, preferably within a period of two months in accordance with

law, after affording an opportunity of hearing the petitioner and all affected

parties.

SD/-DINESH KUMAR SINGH JUDGE lsn

2024:KER:74079 APPENDIX OF WP(C) 34498/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION INCLUDED IN THE AGENDA AND THE NOTES OF THE RTA MEETING SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN ITS MEETING ON 19.07.2023

Exhibit P2 TRUE COPY OF THE PROCEEDINGS GRANTING THE VARIED PERMIT DATED 19.07.2023 AS ITEM NO. 113 BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE NOTICE OF THE TIMING CONFERENCE SCHEDULED ON 01.01.2024 BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE NOTICE OF THE TIMING CONFERENCE SCHEDULED ON 11.03.2024BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE NOTICE OF THE TIMING CONFERENCE SCHEDULED ON 21.08.2024 BY THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE NOTICE OF THE TIMING CONFERENCE SCHEDULED ON 19.08.2024 BY THE 2ND RESPONDENT