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2021 Supreme(Ker) 288

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J.
Haneefa T.K. – Petitioner
Versus
The Secretary, Regional Transport Authority – Respondent
WP(C).No.8353 OF 2021(T)
Decided On : 16-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Sri.Saju J.Vallyara, Adv.
For the Respondent: Sri. C.K.Prasad, GP

Point of Law : Process shall be completed by the respondent within a period of four weeks from the date of receipt of a copy of this judgment. This timing will continue till the timing is finally settled in a timing conference to be convened later. It is made clear that, this timing will be purely provisional and will not confer any right to the petitioner, to claim that it should be considered as the final timings –Petition disposed.

Headnote:

Covid-19 - Pandemic - Petitioner for Regular Permit on Route of Theyyala - Subject to Settlement of Timings - Petitioner has produced vehicle and timing conference was scheduled to be held on 07.01.2020 - Meeting could not be held on that day due to Covid-19 pandemic and thereafter, it has not been taken up for consideration - Grievance of petitioner is that, due to no settlement of timings, he is not able to run vehicle which causes extreme hardship to him - He requested that, timing proposed by him may be accepted.

Finding of the Court : Learned counsel for the petitioner and after hearing the learned senior Government Pleader for the respondents, Court am inclined to dispose of writ petition, directing the first respondent to call for a report from the concerned Motor Vehicles Inspector and after satisfying himself that timing proposed by petitioner as evident from Ext.P1 does not clash with the timings of the existing operators, he shall issue permit subject to the timings provisionally - In case of any clash, timing can be appropriately altered - Above process shall be completed by the respondent within a period of four weeks from the date of receipt of a copy of this judgment - This timing will continue till the timing is finally settled in a timing conference to be convened later - It is made clear that, this timing will be purely provisional and will not confer any right to the petitioner, to claim that it should be considered as the final timings.

Result : Writ petition is disposed of

JUDGMENT :

The petitioner applied for a regular permit on the route of Theyyala – Vylathur-Pookkiparambu. By Ext.P1, it was allowed, subject to settlement of timings. The petitioner has produced the vehicle and the timing conference was scheduled to be held on 07.01.2020. Meeting could not be held on that day due to Covid-19 pandemic and thereafter, it has not been taken up for consideration.

2. The grievance of the petitioner is that, due to non-settlement of timings, he is not able to run the vehicle which causes extreme hardship to him. He requested that, the timing proposed by him may be accepted.

3. Having considered the submission of the learned counsel for the petitioner and after hearing the learned senior Government Pleader for the respondents, I am inclined to dispose of the writ petition, directing the first respondent to call for a report from the concerned Motor Vehicles Inspector and after satisfying himself that, the timing proposed by the petitioner as evident from Ext.P1 does not clash with the timings of the existing operators, he shall issue permit subject to the timings provisionally. In case of any clash, the timing can be appropriately altered. The above process shall be completed by the respondent within a period of four weeks from the date of receipt of a copy of this judgment. This timing will continue till the timing is finally settled in a timing conference to be convened later. It is made clear that, this timing will be purely provisional and will not confer any right to the petitioner, to claim that it should be considered as the final timings.

The writ petition is disposed of as above.

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