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High Court of KeralaWP(C)/23354/2015disposed of

Kerala State Road Transport Corporation v. The Regional Transport Authority

2015-12-21Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 23354 of 2015 (T) -------------------------------------- PETITIONER:

-------------------------- KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM REPRESENTED BY ITS ZONAL MANAGER, SASIDHARAN. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS:

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY KALPETTA, WAYANAD DISTRICT REPRESENTED BY ITS SECRETARY-673121.

2. THE REGIONAL TRANSPORT OFFICER KALPETTA P.O., WAYANAD-673121.

BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23354 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE TEMPORARY PERMIT ISSUED BY THE SECRETARY RTA, WAYANAD DT.10-4-15.

P1A : TRUE COPY OF THE PERMIT ISSUED BY THE SECRETARY, RTA, WAYANAD DT.26-3-15 IN THE MANANTHAVADY-SULTHAN BATHERY ROUTE.

P1B : TRUE COPY OF THE PERMIT ISSUED BY THE SECRETARY, RTA, WAYANAD DT.26-3-15 IN THE MANANTHAVADY-SULTHAN BATHERY ROUTE.

P2 :

TRUE COPY OF THE APPLICATION DT.7-4-15 FOR SCHEDULE OF TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE RTA, KALPETTA. P3:

TRUE COPY OF THE APPLICATION DT.2-7-15 FILED BEFORE R2 BY THE PETITIONER.

P4:

TRUE COPY OF THE REPRESENTATION FROM ATO, MANANTHAVADY TO R2 DT.10-7-2015.

P5:

TRUE COPY OF THE DECISION DATED 10.04.2015 TAKEN BY THE FIRST RESPONDENT P6:

TRUE COPY OF THE REPRESENTATION GIVEN BY THE ASSISTANT TRANSPORT OFFICER, KSRTC DATED 23.11.2015 BEFORE THE SECOND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 23354 OF 2015 ---------------------------------------- Dated this the 21st day of December, 2015

JUDGMENT

Ext. P5 series decisions of the Regional Transport Authority, Wayanad grant four fresh regular permits to the Kerala State Road Transport Corporation to operate chain service on the route Mananthavady - Sulthan Bathery. But the grant has been made subject to the settlement of timings contrary to Rule 212 of the Kerala Motor Vehicles Rules. This aspect of the matter is concluded by the decision in Haridas v. K.S.R.T.C. [1990 (1) KLT 708].

2.

Ext. P5 series decisions in so far as it direct settlement of timings are hereby quashed. The first respondent Regional Transport Authority is directed to issue the regular permits granted to the Kerala State Road Transport Corporation on the basis of the timings proposed by them. The timings proposed are reflected in

W.P.(C). NO. 23354 OF 2015 2 Ext. P2 application for regular permit put in by Kerala State Road Transport Corporation. The regular permit granted shall be issued within a period of two weeks from today.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS