Samuel v. The Secretary, Regional Transport Authority
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16136 of 2015 (N) ---------------------------- PETITIONER:
------------------- SAMUEL, S/OVARGHESE, JOBI SADANAM, PAYYANAMON, ATTACHAKAL.P.O, KONNI.
BY ADV. SRI.O.D.SIVADAS RESPONDENT:
---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA-689645.
BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 16136 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXT.P1 :
TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 21.05.2015.
RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/
A.V. RAMAKRISHNA PILLAI, J.
------------------------------------- W.P.(C) No.16136 of 2015 -------------------------------------- Dated this the 1st day of June, 2015.
JUDGMENT
The petitioner has approached this Court for a consideration of Ext.P1 application for revision of timings. 2.
The petitioner is an existing stage carriage operator on the route Karimanthodu - Pathanamthitta and the permit is issued in respect of stage carriage No.KL-02 R/1033. The petitioner alleges that presently, he is operating the service on the basis of the timings settled on 13.11.2013. On account of introduction of increased number of services on the sector, the time gap available to the petitioner has been considerably reduced. Apart from the above, other services are getting a time gap of more than 30 minutes. Due to the above, the petitioner is not in a position to conduct the service profitably. The petitioner further alleges that the reason stated in Ext.P1 is on account of increased number of services on the sector, which is a valid and sustainable reason to revise the timings of
W.P.(C) No.16136 of 2015 -2the petitioner's service and no action has been taken by the respondent.
3.
I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 setting the timings of petitioner's vehicle, after affording the petitioner an opportunity of being heard, within a period of one month from the date of receipt of copy of this judgment. It is open to the petitioner to produce a copy of this judgment and a copy of the writ petition before the respondent to facilitate an early action. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.