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Judgment
The petitioner applied for a regular stage carriage permit in the route Kolavally-Kalpetta. By Ext.P2 direction of this Court, it was directed that appropriate decision shall be taken on production of current records. By Ext.P4, RTA directed second respondent to accept the current records of the suitable vehicle and issue granted permit with settled set of timings. The grievance of the petitioner is that the second respondent is taking the stand that only after conveying a timing conference and settling of timing, permit can be issued. The petitioner has a further grievance that due to the present pandemic situation timing conferences are not being convened.
It was submitted by the learned Senior Government Pleader that on account of COVID 19, pandemic, the authority is finding it difficult to schedule timing conferences and as a provisional measure, the timings can be settled provisionally after ensuring that the provisional timings do not clash with the timings of other vehicles operating in the same route so that unnecessary competition and inconvenience can be avoided.
In view of the above, W.P.(C) is disposed of as follows:
a) The second respondent shall obtain a report from the Motor Vehicles Inspector and ensure that the provisional timings offered by the petitioner do not clash with the timings of other vehicles operating on the same route. If there is any likelihood of clash of timings, the timing shall be modified accordingly. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the timing so fixed shall be provisional in nature and will continue till the timings are finally settled.
b) The above direction shall be subject to settlement of timings formally at a timing conference which shall be scheduled by the concerned authority. If the situation is not conducive to hold an open meeting in physical mode, decision shall be taken by invoking Rule 130 of Motor Vehicle Rules.
The writ petition is disposed of as above.