High Court of KeralaWP(C)/16992/2015disposed of

Brijesh K Thomas v. The Secretary

2015-06-08Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 16992 of 2015 (Y) PETITIONER : - ---------------------- BRIJESH K THOMAS, S/O.THOMAS, KATTAMKOTTIL HOUSE, PULPALLY, WAYANAD DISTRICT BY ADV. SRI.P.DEEPAK RESPONDENT : - ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD 673 001.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16992 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE TIME SCHEDULE PROCEEDINGS OF THE RESPONDENT DATED 04-12-2013.

EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION DATED 21-05-2015. RESPONDENT'S EXHIBITS : - NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

A.V. RAMAKRISHNA PILLAI,J.

---------------------------------------- Dated this the 08th day of June, 2015

JUDGMENT

The petitioner is seeking a direction from this Court to the respondent to consider and pass orders on Exhibit P2 submitted by the petitioner for the revised timings of his stage carriage.

2. The petitioner is a stage carriage operator. He is conducting service on the route Madappillykunnu - Pulpally on the strength of a regular permit issued to his stage carriage bearing registration number KL-12/B 4797 with a time schedule (Exhibit P1) approved by the respondent herein on 04.12.2013. As can be seen from Exhibit P1 time schedule, the stage carriage is conducting not fewer than thirteen trips between the two termini inside just over twelve hours. This has led to situations where trips have had to be curtailed on account of the

crew being unable to adhere to the approved time schedule. In the above backdrop, the petitioner has filed Exhibit P2 representation before the respondent herein seeking appropriate modifications to Exhibit P1 time schedule. Along with the said representation, he has also proposed a new time schedule with adequate rest time provided between trips, but the respondent is declining to consider the same.

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

4. 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 Exhibit P2 representation within a time frame. Considering the nature of the submission, this writ petition is disposed of directing the respondent to consider and pass appropriate orders on Exhibit P2 representation 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, 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.

A.V. RAMAKRISHNA PILLAI JUDGE DMR/-