Kerala High Court

WP(C)/30754/2021 of MAHESH NAMBIAMPURATH Vs THE SECRETARY on 31 December 2021

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30754 OF 2021 PETITIONER/S: MAHESH NAMBIAMPURATH AGED 54 YEARS MECHERI NAYAR KUZHIYIL HOUSE, THIRUTHIMMAL THAZHAM, PANTHEERANKAVU, KOZHIKODE -

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

WP(C) NO. 30754 OF 2021

PETITIONER/S:

MAHESH NAMBIAMPURATH

AGED 54 YEARS

MECHERI NAYAR KUZHIYIL HOUSE,

THIRUTHIMMAL THAZHAM,

PANTHEERANKAVU,

KOZHIKODE - 673 008.

BY ADV K.V.GOPINATHAN NAIR

RESPONDENT/S:

THE SECRETARY

REGIONAL TRANSPORT AUTHORITY,

KOZHIKODE, CIVIL STATION,

MALAPARAMBA,

KOZHIKODE - 673 020.

OTHER PRESENT:

GP -SRI JIMMY GEORGE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

This writ petition is filed for directing the respondent to issuethe regular permit granted to the petitioner as per Ext.P2 withExt.P3 proposed set of timings, without prejudice to the right ofthe respondent to settle the timing objection if any in a timingconference.

2. learned Government Pleader for the respondent.

Heard the learned counsel for the petitioner and the

3. According to the learned Government Pleader, thetiming conference could not be convened due to the variousreasons. It is also submitted that, objections are received withregard to the timings. Taking note of the submissions, this writpetition is disposed of with a direction to the respondent to issuepermit to the petitioner by accepting the provisional timingsoffered by the petitioner in Ext.P3 within 10 days from today.However, it is made clear that the issuance of the permit with the provisional timing will not be confer any right on the petitioner toinsist on the same timings at the time of conference to beconvened by the respondent.

4. The petitioner shall produce a copy of this writ petitiontogether with a copy of the judgment before the respondent.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE

LU

APPENDIX OF WP(C) 30754/2021

PETITIONER EXHIBITS

EXHIBIT P1TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE DIRECTOR TO THE CHAIRMAN OF THE REGIONAL TRANSPORT AUTHORITY DATED 4.2.2020.

EXHIBIT P2TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY GRANTING REGULAR PERMIT TOTHE PETITIONER DATED 03.02.2021.TRANSPORT AUTHORITY GRANTING REGULAR PERMIT TOTHE PETITIONER DATED 03.02.2021.

EXHIBIT P3TRUE COPY OF THE PROPOSED SET OF TIMINGS SUBMITTED BY THE PETITIONER. SUBMITTED BY THE PETITIONER.

EXHIBIT P4TRUE COPY OF THE INTIMATION ISSUED BY THE RESPONDENT. RESPONDENT.

EXHIBIT P5TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.13359 OF 2020 DATED 03.07.2020. COURT IN WP(C) NO.13359 OF 2020 DATED 03.07.2020.

EXHIBIT P6TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.13612 OF 2020 DATED 07.07.2020. COURT IN WP(C) NO.13612 OF 2020 DATED 07.07.2020.

// True Copy // PA To Judge

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