High Court of KeralaWP(C)/31598/2015disposed of

M.N.Vinitha v. The Secretary, Regional Transport Authority Cum Regional Transport Officer

2015-10-16Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31598 of 2015 (Y) ---------------------------- PETITIONER:

------------------ M.N.VINEETHA, NIVEDYAM, CHOVVA P.O., KANNUR.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER, VATAKARA 673 101.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.31598/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, RTA VATAKARA WITH ITS ORDER NO. C8/336/2012/V DATED 23.02.2012 OPERATING ON THE ROUTE PARASSINIKADAVU-KANNURERNAKULAM SOUTH WITH STAGE CARRIAGE KL56/L 9797 (OLD VEHICLE KL 13/V /2244) AS LIMITED STOP FAST SERVICE EXHIBIT P2 :

TRUE COPY OF THE NOTIFICATION NO. GO (MS) NO. 45/2015/TRAN DATED 20.08.2015 PUBLISHED IN KERALA GAZETTE EXHIBIT P3 :

TRUE COPY OF THE TEMPORARY PERMIT FOR THE PERIOD 19.09.2015 TO 08.10.2015 DATED 19.09.2015.

EHIBIT P4 :

TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY RTA WITH ITS ORDER NO. C8/81385/2015V DATED 19.09.2015. EXHIBIT P5 :

TRUE COPY OF THE FOUR MONTHS TEMPORARY PERMIT APPLICATION DATED 22.09.2015.

EXHIBIT P6 :

TRUE COPY OF THE CHELAN RECEIPT DATED 22.09.2015. EXHIBIT P7 :

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 22.09.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31598 OF 2015 ------------------------------------ Dated this the 16th day of October, 2015

JUDGMENT

The petitioner was hitherto serving the route as a Fast Passenger service. The petitioner asserts that he is entitled to operate as Limited Stop Ordinary Service pursuant to Ext.P2 notification. There is no much dispute on the proposition canvassed by the petitioner.

Ext.P5 application for temporary permit put in by the petitioner is pending. The same shall be considered by the respondent within a period of three weeks. The same shall be issued only after conducting a timing conference for the purpose. A timing conference is essential since Fast Passenger Service is being converted into a Limited Stop Ordinary Service. 3.

I however permit the petitioner to operate service on the basis of Ext.P4 timings for the limited period of three weeks. The petitioner shall thereafter adhere to the timings allotted in the conference directed to be held. The respondent can

WP(C) No. 31598/2015 endeavour to process the application for reissue of temporary permit even earlier.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd