High Court of KeralaWP(C)/13624/2015disposed of

K.K.Hamza v. Secretary, Regional Transport Authority, Thrissur

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13624 of 2015 (C) ---------------------------------------- PETITIONER(S):

---------------------- K.K.HAMZA, KARUKAPARAMBIL HOUSE, REJULA MANZIL PO, MATHILAKOM THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 002.

BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13624 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

TRUE COPY OF THE PROCEEDINGS DATED 28-11-2014. EXT P2 :

TRUE COPY OF THE REQUEST DATED 10-4-2015.

EXT P3 :

TRUE COPY OF THE JUDGMENT IN WPC.NO.33983/2014 DATED 16-12-2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.13624 of 2015 ******************************************************* Dated this the 8th day of May, 2015

JUDGMENT

The petitioner is an existing operator of a stage carriage bearing registration No.KL-47-A-5556 conducting service on the route Ernakulam-Guruvayur. The validity of the permit is valid till 15/11/2019. He had filed an application for variation of conditions of permit to operate the stage carriage on the route Ernakulam-Guruvayur via Varapuzha Bridge instead of Muttar Bridge. Learned counsel for the petitioner submits that the Regional Transport Authority, Ernakulam has already granted concurrence within their jurisdiction. It is submitted that the matter was placed before the Regional Transport Authority, Thrissur and that authority also found that variation is justifiable. Petitioner's grievance is that timings have not been settled.

W.P.(C) No.13624 of 2015 2 2.

Considering the facts and circumstances, the following directions are issued:

The respondent shall within one week from the date on which the petitioner produces a copy of this judgment before him, issue a set of timings to the petitioner on a provisional basis and shall immediately thereafter issue varied permit to the petitioner. The respondent shall thereafter invite objections from other stage carriage operators and settle the timings within a period of three months thereafter. If any existing stage carriage operator is aggrieved by the 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. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln