Allowed

Dinil Dinesh v. the Regional Transport Authority, Thrissur

Kerala HC16 Nov 2020WP(C)/12334/2020

Case brief

AI extract

What is this about?

The court directed the Regional Transport Authority to issue a revised stage carriage permit to the petitioner, accepting his offered timings provisionally. This directive is conditional on a formal timing conference to be scheduled once pandemic restrictions are lifted, noting that the provisional acceptance does not guarantee the timings at the formal meeting.

What did the court decide?

Respondents directed to issue revised permit accepting petitioner's timings provisionally within 10 days, subject to formal settlement once normalcy restored.

Dinil Dinesh Vs the Regional Transport Authority… — 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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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WP(C).No.12334 OF 2020(N)

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PETITIONER:

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DINIL DINESH, AGED 40 YEARS, THOPPIL VEEDU, SUMANGALI, CHITTARAM.P.O, THRISSUR-680026(REPRESENTED BY POWER OF ATTORNEY HOLDER T.S. SALISH, 40 YEARS, S/O. SIVASANKARAN, THARAYIL HOUSE, P.O. VADOOKARA, THRISSUR)

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BY ADV. SRI.P.DEEPAK

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RESPONDENTS:

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1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR REPRESENTED BY ITS SECRETARY, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003

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2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003

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SRI BIMAL K NATH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12334 OF 2020

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JUDGMENT

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The petitioner herein is a stage carriage operator who has been issued with a permit in respect of stage carriage No.KL 04 /V 8278. He applied for a variation of regular permit, which was granted to him by the Regional Transport Authority on 21.2.2020, subject to settlement of timings. His prayer in this writ petition is to issue a direction to the respondents to issue a varied permit by provisionally accepting the timing offered by him pending a settlement of the timings at a formal timing conference to be scheduled by the respondents.

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Heard Sri P.Deepak, the learned counsel appearing for the petitioner and the learned Government Pleader for the respondents.

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It is submitted by the learned Government Pleader that on account of the restrictions imposed due to the pandemic, the respondents are finding it difficult to schedule timing conferences and as a provisional measure, the permit can be issued to the petitioner by accepting the timings offered by him, subject to the condition that the timings will be formally settled at a timing conference to be scheduled immediately after the restrictions are removed.

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WP(C).No.12334 OF 2020

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Having regard to the facts and circumstances and the submissions advanced, this Writ Petition is disposed of by directing the respondents to issue the revised permit to the petitioner by accepting the timing offered by him as provisional timings to govern the operation under the permit subject to the condition that the timings will be formally settled once normalcy is restored and a timing conference is scheduled by the concerned authority. The respondents shall do the needful in issuing the permit based on the directions issued above, within 10 days from the date of receipt of a copy of this judgment.

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It is made clear that the issuance of the permit with provisional

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timing will not be seen as conferring any right on the petitioner to insist on the same timings at the time of settlement of the timings at the formal meeting to be convened by the Regional Transport Authority.

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The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the respondents to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.12334 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-04-V 8278 EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 21.01.2020 IN SUPPLEMENTARY ITEM NO.05 EXHIBIT P3 A TRUE COPY OF THE RESOLUTION OF AVINISSERY GRAMA PANCHAYAT DATED 24.06.2019 WITH COVERING LETTER 27.06.2019 EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED 06.06.2020

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Dinil Dinesh v. the Regional Transport Authority, Thrissur

Case brief

What is this about?

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Dinil Dinesh v. the Regional Transport Authority, Thrissur

Case brief

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