High Court of KeralaWP(C)/18749/2015disposed of

Sethu Damodran, S/O.Gopalakrishnan, v. The Secretary, Retional Transport Authority, Muvattupuzha - 686 661

2015-06-29Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 WP(C).No. 18749 of 2015 (P) ---------------------------- PETITIONER :

----------------------- SETHU DAMODRAN, S/O.GOPALAKRISHNAN, KARAVATTEPLAVADA HOUSE, S.VAZHAKULAM, PERUMBAVOOR.

BY ADV. SRI.P.DEEPAK RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA - 686 661 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18749 of 2015 (P) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA DATED 13/2/2015.

EXT.P2.

TRUE COPY OF THE ROUTE ENQUIRTY REPORT OF THE MVI, PERUMBAVOOR, DATED NIL EXT.P3.

TRUE COPY OF THE TIMING HEARING NOTICE DATED 5/5/2015 (RELEVANT EXTRACT ONLY).

EXT.P4.

TRUE COPY OF THE REPRESENTATION DATED 19/6/2015 WITH A PROVISIONAL SET OF TIMINGS EXT.P5.

TRUE COPY OF THE JUDGMENT DATED 27/2/2013 IN WPC NO.5583/2013.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 18749 of 2015 -------------------------------------- Dated this the 29th day of June, 2015.

JUDGMENT

The petitioner is the grantee of Ext.P1 regular permit subject to the settlement of timings. Ext.P1 was granted on 13.2.2015. Though a timing conference was scheduled to be held on 18.6.2015, it did not take place. In this writ petition, the petitioner is seeking a direction to the respondent to issue permit with a provisional set of timings reserving the right of the respondent to settle the timings after the issue of permit, if circumstances so warrant.

I have heard the learned counsel for the petitioner and the learned Senior Government Pleader in the matter. 3.

The learned Senior Government Pleader on instructions submitted that a timing conference is scheduled to be held on 30.7.2015.

Therefore, this Court is of the view that it is only just and proper to allow the prayer of the petitioner for a direction to

W.P.(C) No. 18749 of 2015 -2the respondent to issue a provisional set of timings. In the result, the writ petition is disposed of directing the respondent to issue permit with a provisional set of timings after the issue of permit in the light of Ext.P5 judgment. This shall be done within a period of one week from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.