High Court of KeralaWP(C)/16209/2015disposed of

Sainaba v. The Secrtary

2015-06-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 16209 of 2015 (A) ---------------------------- PETITIONER :

---------------------- SAINABA, W/O.KUNHABDULLA, MANAKKARA HOUSE, P.O.KAVILUMPARA, KOZHIKODE.

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

-------------------------- THE SECRTARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, PIN: 673 101.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 16209 of 2015 (A) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 4/5/2015.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.16209 of 2015 -------------------------------------- Dated this the 2nd day of June, 2015.

JUDGMENT

The petitioner has approached this Court alleging that the respondent has not considered the petitioner's request for modification of time schedule.

The petitioner is the holder of a regular permit operating between Kayakodi and Nadapuram via Kozhikode in respect of her stage carriage KL-18/K 329. The regular permit is valid up to 24.5.2019. The petitioner alleges that her service is at present operating with a set of timings issued as early on 9.2.2009. According to the existing timings, the present departure time from Kozhikode is 4.08 pm and reaching time at Kuttiyadi is 5.36 p.m. At present, it proceeds at 5.53 p.m. and reaches Kozhikode at 7.23 p.m. Another service of the petitioner KL-13/S 6467 which is at present proceeds from Kozhikode at 3.50 p.m and reaches Kuttiyadi at 5.18 p.m. The petitioner further alleges that if the departure time of KL-18/K 329 is altered as 3.50 p.m. and the departure time of KL-13/S 6467 is altered as 4.08 p.m., the operation of the

W.P.(C) No.16209 of 2015 -2service would be more feasible and there will not be any objection from any source since such operation does not affect any other service at all. In view of the above circumstances, the petitioner submitted Ext.P1 application before the respondent requesting modification of time schedule in respect of the above services. But the respondent has not considered the same so far. 3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the submissions and the nature of the prayers, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 application, after affording the petitioner 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, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.