Disposed

Abdul Rahiman, v. the Secretary

Kerala HC6 Jul 2020WP(C)/12326/2020

Case brief

AI extract

What is this about?

There was a writ petition challenging the failure to grant a varied stage carriage permit. The court, considering the COVID lockdown, directed the RTA to issue the permit with provisional timings subject to formal settlement later within ten days.

What did the court decide?

Directed the RTA to issue a varied permit with provisional timings within ten days, subject to formal settlement in a future timing conference.

Abdul Rahiman, Vs the Secretary — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942

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WP(C).No.12326 OF 2020(M)

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PETITIONER/S:

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ABDUL RAHIMAN, 2/854, KARUKUNNATH HOUSE, PERINGALA P.O.PERUMBAVOOR, ERNAKULAM

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENT/S:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682 030.

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OTHER PRESENT:

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SR.GP. BIMAL K. NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2020, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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WP(C).No.12326 OF 2020(M)

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JUDGMENT

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Dated this the 6^th day of July, 2020.

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The petitioner is the holder of a regular stage carriage permit in respect of his stage carriage bearing registration No.KL-40/3355. The petitioner had sought for variation of the permit and the request was granted by the Regional Transport Authority under Ext.P2 dated 18.09.2019. The grievance of the petitioner is that even though Ext.P3 proposed timings has been submitted, seeking issuance of the varied permit subject to settlement of timings, the respondent is not acceding to his request.

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2. Heard the learned Counsel for the

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petitioner and the learned Government Pleader.

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3. The learned Government Pleader submits, on

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instructions that, on account of the circumstances

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WP(C).No.12326 OF 2020(M)

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prevailing due to the COVID Pandemic and the resultant lockdown, the RTA is not in a position to schedule the timing conferences and hence, as a provisional measure, the permit can be issued by accepting the timings offered by the petitioner on a provisional basis, subject to the condition that the timings will be formally settled in a timing conference to be scheduled after the lockdown.

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4. In the light of the submission made by the

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learned Government Pleader, the writ petition is disposed of by directing the Regional Transport Officer to issue varied permit to the petitioner by accepting the provisional timings submitted by him, subject to the condition that the timings will be formally settled in the timing conference

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to be scheduled by the RTA, as and when it becomes possible. The permit, in accordance with the above direction, shall be issued by the respondent

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WP(C).No.12326 OF 2020(M)

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within ten days from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition together with this judgment before the Regional Transport Officer concerned.

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It is made clear that issuance of the permit with the provisional timings will not taken to have conferred any right on the petitioner to insist on the same set of timings when the timings are formally settled in the meeting of the Regional Transport Authority convened for the purpose.

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sd/V.G.ARUN JUDGE

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Scl/06.07

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WP(C).No.12326 OF 2020(M)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT

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EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF REGIONAL TRANSPORT AUTHORITY GRANTING VARIATION DATED 18.9.2019

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EXHIBIT P3 TRUE COPY OF THE PROPOSED TIMING SUBMITTED BY THE PETITIONER

Abdul Rahiman, v. the Secretary

Case brief

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Abdul Rahiman, v. the Secretary

Case brief

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