T.L.Lona v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 17066 of 2015 (G) PETITIONER : - ---------------------- T.L.LONA, THEKKEKARA HOUSE, CHITTILAPPALLY P.O., THRISSUR DISTRICT.

BY ADV. SRI.K.V. GOPINATHAN NAIR RESPONDENT : - -------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM , PIN 676 505.

BY GOVERNMENT PLEADER SMT. KA SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17066 of 2015 (G) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIOENR BEFORE THE RESPONDENT DATED 8.4.2015. RESPONDENT'S EXHIBITS : - NIL.

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

A.V. RAMAKRISHNA PILLAI,J.

---------------------------------------- Dated this the 09th day of June, 2015

JUDGMENT

Alleging inaction on the part of the respondent in considering petitioner's application for revision of timings, he has come up before this Court.

2. The petitioner is the existing operator operating service on the route Wadakkancherry - Thrissur - Kuttippuram - Kozhikode in respect of his stage carriage KL08/BE 2700. He is at present operating the service with a set of timings issued as early as on 02.05.2013. As per the present time schedule, the morning trip starts from Thrissur at 7.50 a.m. and from Kozhikoe 12.25 p.m. After reaching Thrissur at 3.40 p.m. the service is at present proceeding towards Kuttippuram at 4.45 p.m. After the issuance of timing in respect of the above service number of other services operating between Thrissur and Kozhikode have

abandoned the route and timing of those services became vacant. Similarly, change of timing have also been effected in respect of other various services also. Instead of 7.50 a.m. from Thrissur the service can be permitted to proceed earlier if possible by 7.01 a.m. which is a vacant timing of KL-08/F 5155. Similarly, after arriving the service at Kozhikode instead of 12.25 p.m. the vacant timing 11.55 a.m. of the very same service can be utilized for petitioner's service. In the second trip from Thrissur instead of the existing departure time 4.45 p.m. the vacant timing 4.30 p.m. of the above service can be alloted; it is alleged. The petitioner submitted Exhibit P1 application for modification of time schedule in respect of his service, which was not considered by the respondent.

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 P1 application 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 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, 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/-