High CourtsSingle Bench(2021) 05 KL CK 0110

T.M. Nazar vs Secretary, Regional Transport Authority And Ors

High Court Of Kerala · Decided on 11 May 2021

HON’BLE JUDGES
T.R Ravi, J
CASE NUMBER
Writ Petition (C) No. 9971 Of 2021

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Judgment

18 paragraphs · 359 words
1.

Admit. The Government Pleader takes notice for the respondent.

2.

The prayer in the writ petition is for a direction to the respondent to issue the regular permit granted as per Exhibit P1 to the petitioner, with a

tentative set of timings as suggested by the petitioner, without any delay. The grievance of the petitioner is that even though he has been issued with a

regular permit, he cannot utilise the same since the timing conference cannot be held due to the pandemic. Reliance is placed on Exhibit P2 judgment

of this Court, which had been rendered in similar circumstances.

3.

Having considered the submissions made by the counsel for the petitioner and the Government Pleader, I am of the opinion that this Writ petition

can be disposed of with directions similar to those contained in Exhibit P2 judgment.

4.

In the above circumstances it is ordered that;

(a) The 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 a likelihood of a clash of timings, the timing shall be modified

accordingly and thereafter the respondent shall issue regular permit to the petitioner within a period of 6 weeks from the date of receipt of a copy of

this judgment. It is made clear that the timings so fixed shall be provisional.

(b) The above direction shall be subject to settlement of timings formally at the timing conference which shall be scheduled by the concerned

authority. If the situation is not conducive to hold an open meeting in physical mode, the respondent may hold the conference, virtually, if there are no

other impediments.

(c) The issuance of permit as directed above shall not confer any right on the petitioner to insist on the same timings at the time of settlement of

timings at the formal meeting to be convened by the Regional Transport Authority as per direction(b).

The petitioner shall produce a copy of the Writ petition along with a copy of the judgment before the respondent to ensure compliance.