Disposed

Germiyas Victor v. the Secretary

Kerala HC6 Jul 2020WP(C)/6489/2020

Case brief

AI extract

What is this about?

In this writ petition concerning the issuance of a regular stage carriage permit, the Court directed the Regional Transport Officer to issue the permit with provisional timings submitted by the petitioner. This provisional measure was conditional on the formal timing conference scheduled after the lockdown. The judgment clarified that provisional timings do not confer an absolute right to the same

What did the court decide?

Direction to issue the regular stage carriage permit with provisional timings within ten days.

Germiyas Victor 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.6489 OF 2020(I)

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PETITIONER/S:

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GERMIYAS VICTOR AGED 25 YEARS S/O.VICTOR, KOLENCHERRY HOUE, NEELESWARAM P.O., KOTTAMAM, ERNAKULAM.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENT/S:

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THE SECRETARY

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THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, ERNAKULAM, PIN-682030.

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OTHER PRESENT:

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SR.GP.K.P.HARISH

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

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WP(C).No.6489 OF 2020(I)

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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 grantee of a regular

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stage carriage permit in respect of his stage carriage bearing registration No.KL-41/A 6242.

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The grievance of the petitioner is that even though Ext.P3 proposed timings has been submitted seeking issuance of the regular permit with the proposed set 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,

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on instructions, that, on account of the circumstances prevailing due to the COVID Pandemic and the resultant lockdown, the Secretary, RTA is not in a position to schedule the timing conference and hence, as a provisional

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measure, the permit can be issued by accepting

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the timings offered by the petitioner on a

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WP(C).No.6489 OF 2020(I)

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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 view of the submission made by the learned Government Pleader, the writ petition is disposed of by directing the Regional Transport Officer to issue 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 to be scheduled by the RTA, as and when it becomes possible. The permit, in accordance with the above direction, shall be issued 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 provisional timings will not be taken to have conferred any right on the petitioner to

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WP(C).No.6489 OF 2020(I)

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insist on the same set of timings when the timings are formally settled in the meeting of the Regional Transport Authority convened for the

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purpose.

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sd/- V.G.ARUN JUDGE

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Scl/06.07

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WP(C).No.6489 OF 2020(I)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 18.09.2019 ISSUED BY THE RTA, ERNAKULAM.

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EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PORTION OF THE DECISION DATED 16.1.2019 OF THE STA.

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EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 20.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Germiyas Victor v. the Secretary

Case brief

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Germiyas Victor v. the Secretary

Case brief

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