Disposed

Shajahan T. v. the Secretary

Kerala HC8 Feb 2021WP(C)/2076/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the failure to settle timings for a service permit, the Kerala High Court directed the Regional Transport Authority to settle provisional timings within four weeks based on the Motor Vehicles Inspector's report, pending a formal timings conference.

What did the court decide?

Direction to respondent to settle provisional timetable within four weeks based on Motor Vehicles Inspector report; timings to remain provisional till conference is convened.

Shajahan T. Vs the Secretary — Service and Employment | Kerala HC (2021)

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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 SUNIL THOMAS

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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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WP(C).No.2076 OF 2021(H)

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PETITIONER/S:

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SHAJAHAN T. AGED 31 YEARS S/O. MOIDEENKUTTY, THOOMBATH HOUSE, PARAPPUR P.O. KOTTAKKAL, MALAPPURAM DISTRICT.

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BY ADV. SRI.SAJU J.VALLYARA

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RESPONDENT/S:

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

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SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2076 OF 2021(H)

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JUDGMENT

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The petitioner herein was operating service on the route of Chemmad – Cherpulassery. He applied for variation of permit. It was granted by the RTA, subject to the settlement of timings. Petitioner submitted that he has already produced the current records of the vehicle and requested for issuance of the valid regular permit. The grievance of the petitioner is that, the timings have not been settled, since timings conferences have not been convened.

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Heard the learned counsel for the petitioner and the learned senior Government Pleader.

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Ext.P1 is the decision of the RTA by which the Secretary was directed to settle the timings. In the light of the fact that there is considerable delay in the settlement of timings, I am inclined to direct that the respondent shall settle the proposed timing as the

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WP(C).No.2076 OF 2021(H)

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provisional timing on the basis of the report received from the Motor Vehicles Inspector and after ensuring that there is no clash with the timings of the existing operators. In case of clash, appropriate modifications can be made and settlement of timings shall be provisionally fixed. Orders shall be passed by the respondent within a period of four weeks from the date of receipt of a copy of this judgment. The timings so settled will strictly be provisional and shall continue till appropriate timings conference is convened. This will not confer any right of the petitioner to insist that the timings ultimately fixed shall be the same as now provisionally fixed.

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Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C).No.2076 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 07.01.2020 VIDE ITEM NO. 66.

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EXHIBIT P2

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PHOTOCOPY OF THE REQUEST DATED 18.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

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RESPONDENT'S/S EXHIBITS NIL

Shajahan T. v. the Secretary

Case brief

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Shajahan T. v. the Secretary

Case brief

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