High Court of KeralaWP(C)/14645/2015disposed of

Shihabudheen A v. Regional Transport Authority,Kollam

2015-05-19Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 WP(C).No. 14645 of 2015 (E) ---------------------------- PETITIONER:

------------------- SHIHABUDHEEN, THONDALIL KIZHAKKEPURA, PORUVAZHY PO, PANAPPETTY, KUNNATHOOR, KOLLAM.

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

-------------------------

1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM - 691013.

2. SARUN RAJ, OLIKKARA HOUSE, EDAVATTOM, VELLIMON P.O, KOLLAM - 691511.

R1 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 14645 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:

TRUE COPY OF THE THE PERMIT OF THE PETITIONER. P2:

TRUE COPY OF THE TIMINGS ISSUED TO PETITIONER. P3:

TRUE COPY OF THE JUDGMENT IN WPC.NO.31314/2014 DATED 24.11.2014. P4:

TRUE COPY OF THE PROCEEDINGS DATED 03.03.2015. P5:

TRUE COPY OF THE OBJECTION DATED 10.03.2015.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- ----------------------------------- Dated this the 19th day of May, 2015

J U D G M E N T

The petitioner is the registered owner of stage carriage vehicle bearing registration No.KL-2 R4 covered by regular permit on the route Vellimon - Bhajanamadom. It is the case of the petitioner that after introduction of his service, more than one service was introduced on the said route. Therefore, the petitioner made a request for revision of existing timings of his service as per Ext.P5 objection before the 1st respondent. It is on account of non-consideration of Ext.P5, the petitioner has approached this Court.

If Ext.P5 objection has been received in original in the office of the 1st respondent, the 1st respondent shall issue notice of hearing within one week of receipt of a certified copy of this judgment to the petitioner and any other stage carriage operators adversely affected by change in timings sought for by the petitioner and also display public notice in the notice board of the office of the 1st respondent and shall then, consider the prayer of the petitioner in accordance with law and by convening a timing conference at any rate, within a

period of two months from the date of publication of the above notice. Needless to say that the settlement of timings shall be in accordance with the relevant Circulars.

The writ petition is disposed accordingly.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AV The vehicle number shown in the first sentence of the judgment as "KL-2 R4 on the route Vellimon-Bhajanamadom" is corrected as "KL-61 B 505 on the route Kollam-Bharanikavu" and "the revision of timings of the petitioner's service" occurring in the 3rd sentence of 1st paragraph of the judgment is also corrected as "the revision of timings of the 2nd respondent's service", vide order dated 1.6.2015 in I.A.No.6689/2015 in W.P. (C).No.14645/2015.

Sd/- Registrar (Judicial)