DAISY JOY Vs. SECRETARY REGIONAL TRANSPORT

JUDGEMENT

(1.) THE petitioner has submitted an application for grant of regular stage carriage permit to operate on the route Kottuvally - Moothakunnam in respect of the vehicle bearing registration No.KL- 11/P.3166. THE same was granted as per Ext.P3. Ext.P3 would show that it was granted subject to settlement of timings as per Ext.P3. Later, the petitioner has produced the current records in respect of the aforesaid vehicle. Ext.P5 would reveal that in terms of Ext.P3 the respondent has called for objections and 22.10.2010 was fixed as the last date for submission of objections. THE grievance of the petitioner is that the respondent has not so far settled the timings in terms of Ext.P3. Evidently, as per Ext.P3, the application of the petitioner for regular permit was granted. True that, it was granted subject to settlement of timings. When the Regional Transport Authority granted regular permit subject to settlement of timings, the Secretary, RTA in terms of Rule 131 of the Kerala Motor Vehicles Rules has a duty to give effect to the said decision of the RTA. Ext.P5 would reveal that for the purpose of giving effect to the decision of the RTA the respondent has called for objections and 22.10.2010 was fixed as the last date for submission of objections. In the said circumstances, what remains is only consideration of the objections, if any, received based on Ext.P5 and to settle the timings and to issue the permit as granted as per Ext.P3. In the above circumstances, this writ petition is disposed of with a direction to the respondent to settle the timings in respect of the vehicle bearing registration No.KL-11/P.3166 expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and also to the other interested operators on the route. After settling the timings in respect of the said vehicle the respondent shall issue the permit as granted as per Ext.P3.