High Court of KeralaWP(C)/12034/2015disposed of

T.Udayam v. The Secretary

2015-05-27Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 12034 of 2015 (D) ---------------------------- PETITIONER:

------------------- T.UDAYAN, KOTTARATHIL VEEDU, MEENADU, NEGUMGOLAM P.O, KOLLAM.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, (REGIONAL TRANSPORT OFFICER) KOLLAM, PIN - 691 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12034 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 12.3.2015.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S.TO JUDGE mbr/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- -------------------------------------------------- Dated this the 27th day of May, 2015

J U D G M E N T

Aggrieved by the non disposal of Ext.P1 application submitted by the petitioner before the respondent requesting to allot the vacant timing for the petitioner's service, the petitioner has come up before this Court. 2.

The petitioner, who is an existing operator, is operating service between Chirakkarathazham and Kollam Andamukkom with his stage carriage bearing Reg.No.KL-510/X 2242. He is at present operating service with a set of timings issued as early as on 04.01.2007. He alleges that during the past seven years, various services have surrendered the permit and abandoned the route and timing of other services has also been changed. The petitioner's service is departing from Kollam at 08.17 am and passing Kottiyam at 8.52 am; and another stage carriage bearing Reg.No.KL-10/R 2357,

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which was proceeding from Kollam at 08.10 am surrendered the permit and the said timing is at present vacant. According to the petitioner, if those vacant timings are allotted for the petitioner's service, it would be highly beneficial to the travelling public and the service can be operated smoothly. The petitioner's grievance is that tough he submitted Ext.P1 application before the respondent requesting to allot that vacant timing, the same has not been considered so far. Hence, he approached this Court.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

When the matter was taken up, the learned counsel for the petitioner confined his argument to the limited prayer for a direction to the respondent to consider and pass appropriate orders on Ext.P1 application within a time frame.

Considering the nature of the submission, this writ

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petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 representation after affording the petitioner and the affected parties, if any, an opportunity of being heard, within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-