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Vakiyath Koya v. the Secretary, Regional Transport Authority

Kerala HC17 Dec 2020WP(C)/28268/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the respondent, R.T.A. Malappuram, to issue a regular permit to the petitioner subject to provisional timings, as a provisional measure during pandemic restrictions, with formal timings to be settled later.

What did the court decide?

Directed the respondent to issue the regular permit accepting the timing offered by the petitioner as provisional timings, to be formally settled later by a timing conference.

Vakiyath Koya Vs the Secretary, Regional Transport… — 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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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28268 OF 2020(G)

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PETITIONER:

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VAKIYATH KOYA AGED 50 YEARS S/O. HYDER VAKIYATH, VAKIYATH HOUSE, OTHUKKUNGAL, MATTATHUR P.O., PIN-676 528, MALAPPURAM DISTRICT

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BY ADV. SRI.SAJU J.VALLYARA

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MALAPPURAM, CIVIL STATION, MALAPPURAM P.O., PIN-676 505, MALAPPURAM DISTRICT

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SRI BIMAL K NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28268 OF 2020

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JUDGMENT

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The petitioner was granted a regular permit by Ext.P1 proceedings subject to settlement of timings. He contends that he has produced the current records of the vehicle bearing registration No.KL 11/V 1982 along with Ext.P3 request. The grievance of the petitioner is that due to the restrictions imposed during the lockdown, the regular permit has not been issued. He prays for issuance of necessary directions.

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Heard Sri. Saju J. Vallyara, the learned counsel appearing for

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the petitioner and the learned Government Pleader for the respondent.

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It is submitted by the learned Government Pleader that on account of restrictions imposed due to pandemic, the authority is finding it difficult to schedule timing conferences and as a provisional measure, the permits can be issued to the petitioner, if the request is otherwise in order, 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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Having regard to the facts and circumstances and the submissions advanced, this Writ Petition is disposed of by directing the

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WP(C).No.28268 OF 2020

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respondent to issue the regular 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 respondent shall do the needful in issuing the permits 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 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 respondent 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.28268 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 25.09.2018 VIDE ITEM NO.16

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EXHIBIT P2 PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 01.02.2019 VIDE ITEM NO.36

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EXHIBIT P3 PHOTOCOPY OF THE REQUEST DATED 06.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH PROPOSAL TIMINGS

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY// P.A TO JUDGE

Vakiyath Koya v. the Secretary, Regional Transport Authority

Case brief

What is this about?

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Vakiyath Koya v. the Secretary, Regional Transport Authority

Case brief

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What did the court decide?

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