K S SOMARAJAN Vs. REGIONAL TRANSPORT AUTHORITY ERNAKULAM

JUDGEMENT

(1.) The point that arises, for decision in this case, is the validity of the Circular issued by the State Transport Authority, directing the Regional Transport Authorities, not to consider any application for grant of regular permit, without settling its time schedule, in advance. The brief facts of the case are as follows:

(2.) The petitioner has approached this Court, feeling aggrieved by the delay from the part of the R.T.A., Ernakulam, to consider and pass orders on Ext.Pl application for regular permit, on the route Kodungalloor-Ernakulam, High Court Junction. He also attacks Ext.P3 Circular issued by the State Transport Authority dated 21-12-2005, concerning the procedure for finalising the time schedule of stage carriages.

(3.) Ext.Pl application for regular permit was submitted by the petitioner along with Ext.P2 covering letter. The same contained the time schedule proposed by him for his permit. But, the R.T.A. did not consider Ext.Pl or Ext.P2, for the reason that Ext.P3 circular provides that the Secretary, R.T.A. should fix the time schedule of every permit that may be granted, even before the consideration of the application for that permit by the R.T.A.. The time schedule so finalised should be placed before the R.T.A., which considers the permit application, as per Ext.P3 Circular. The petitioner is aggrieved by the delay in considering his application for permit. He is also aggrieved by the delay occasioned because of the conditions in Ext.P3. Hence, this Writ Petition challenging Ext.P3 and also praying for a direction to the first respondent to consider and dispose of Ext.Pl, ignoring the stipulations regarding settlement of timings, contained in Ext.P3.