P.T.Sundaran v. The Secretary, Rta, Wayanad

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. 17001 of 2015 (A) PETITIONER : - ----------------------- P.T.SUNDARAN, S/O.AMMU, PALLIYATHODY, THAZHATHOOR P.O., SULTHAN BATHERY, 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. 17001 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE TIME SCHEDULE APPROVED FOR OPERATION OF KL-45/250 ON THE ROUTE KOZHUVANA - MANANTHAVADY. EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION DATED 15.5.2015. 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 representation 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 Kozhuvana - Mananthavady on the strength of a regular permit issued to his stage carriage bearing registration number KL-45/250 with Exhibit P1 time schedule approved by the respondent herein. As can be seen from Exhibit P1 time schedule, the stage carriage commences operation in the morning at 6.13 a.m. and halts for the day late in the evening at 9.13 p.m. In other words, the total operational time is 15 hours. Such a situation has been brought about for the reason that the stage carriage is given an unnecessary waiting time of one hour and forty seven minutes from 5.43 p.m. to 7.30 p.m. at Mananthavady

during the evening peak hours; it is alleged. If this idling time is reduced, it would be possible to wind up operations earlier and this would be manifestly in the interests of the crew concerned. Further, the KSRTC has also recently commenced new services from Mananthavady during the late evening hours. In the above backdrop, the petitioner filed Exhibit P2 representation before the respondent herein seeking appropriate modifications to Exhibit P1 time schedule, 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/-