M KABEER Vs. SECRETARY

JUDGEMENT

(1.) THE petitioner is a stage carriage operator operating a stage carriage on the route Chelakkara - Palakkad via Kayamppovam, Onnamkallu, Kondazhi, Mayannur, Putirithara, Pazhayannur, Plazhi, Padoor, Alathur NH, Thrippalur, Kozhalmannam and Yakkara on the strength of a regular permit. He applied for variation of the route by extending the service from Mayannur to Ottapalam via a new bridge. THE proposal was to operate eight single trips from Mayannur to Ottapalam and thereafter to resume the service along the original route. THE Regional Transport Authority, Palakkad that met on 21.2.2011 and resolved to grant the extension, subject to certain conditions including the settlement of timings on the sector Mayannur - Ottapalam. This writ petition is filed contending that though the current records of the vehicle were produced within the time limit of 30 days, till date the timings have not been settled and the variation has not been endorsed on the original of the permit. In this writ petition, the petitioner seeks a direction to the respondent to settle the timings for operating stage carriage service in the sector Mayannur - Ottapalam and issue the varied permit within a time limit to be fixed by this Court.

(2.) EXT.P1 order of the Regional Transport Authority discloses that the Regional Transport Authority, Palakkad has granted variation of the permit so as to enable the petitioner to operate a stage carriage service on the route Mayannur - Ottapalam via the new bridge. The new bridge was opened to traffic in the month of January, 2011. The need for a service along the new bridge was taken note of by the Regional Transport Authority, when it decided to grant the extension of the service. In such circumstances, as more than two months have passed after EXT.P1 order was passed, I am of the opinion that the respondent should settle the timings for operating the service in the sector Mayannur - Ottapalam and issue the varied permit in implementation of EXT.P1 order expeditiously. I accordingly dispose of the writ petition with a direction to the respondent to settle the timings of the petitioner for operating a stage carriage in the sector Mayannur - Ottapalam and issue the varied permit in implementation of EXT.P1 order expeditiously and in any event, within three weeks from the date on which the petitioner produces a certified copy of this judgment before the respondent. If for any reason, the respondent is not in a position to settle the timings within the said period, it will be open to him to issue a set of timings on a provisional basis, issue the varied permit, thereafter invite objections and settle the timings within a period of three months thereafter. If any existing stage carriage operator is aggrieved by the provisional time schedule issued to the petitioner pursuant to the directions in this judgment, it will be open to him or her to object to the timings and to request the respondent to convene a timing conference to settle the timings expeditiously.