Authority must consider objections before convening a timing conference for stage carriage without valid permit.

JUDGMENT

The petitioner challenges Ext.P4 issued by the 1^st respondent, to the extent it proposes to convene a timing conference with respect to the stage carriage bearing Registration No.KL-46/N-7774 on the route Guruvayoor – Kuttipuram, purportedly based on Ext.P2 judgment passed by this Court.

2. There is also a prayer for a declaration that the 1^st respondent is not entitled to convene a timing conference in respect of the stage carriage in question, as there is no permit, either regular or temporary, issued by the authority.

3. A reading of Ext.P2 would show that the 1^st respondent was directed to consider the application for a temporary permit preferred by the 2^nd respondent herein with respect to the stage carriage bearing registration No.KL-08/AF-6652 under Section 87 (1)(c) of the Motor Vehicles Act , after hearing the parties and also considering the objections regarding the maintainability of the application. It is seen that no orders have been passed pursuant to Ext.P2, either deciding the question of maintainability raised by the petitioner or on the question of grant of a temporary permit.

4. Under such circumstances, without the said exercise being carried out as directed in Ext.P2 judgment, Ext.P4 timing conference should not have been convened.

5. In that view of the matter, there will be a direction to the

1^st respondent to implement Ext.P2 judgment, with notice to the petitioners and other affected parties, as directed in the judgment therein, including their objections as to the maintainability of the application for a temporary permit and to pass orders on the same within one month from the date of receipt of a copy of this judgment.

6. The question of convening a timing conference will arise only based on the decision to be taken, as directed in Ext.P2 judgment.

All the contentions of the parties are left open.

The Writ petition is disposed of as above.

Sd/-