High Court of KeralaWP(C)/17147/2015disposed of

Brijesh K. Thomas v. The Secretary, Regional Transport Authority

2015-06-09Honourable 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 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 17147 of 2015 (P) ------------------------------------- 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 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17147 of 2015 (P) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE TIME SCHEDULE PROCEEDINGS OF THE RESPONDENT DATED 4.12.2013.

EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION DATED 21.5.2015. RESPONDENT'S EXHIBITS : - NIL.

--------------------------------------- // TRUE COP Y // P.A. TO JUDGE DMR/-

A.V. RAMAKRISHNA PILLAI,J.

--------------------------------------- W.P.(c) No. 17147 of 2015 ---------------------------------------- Dated this the 09th day of June, 2015

JUDGMENT

Aggrieved by the delay in passing orders on Exhibit P2 representation by the respondent, the petitioner has come up before this Court.

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 6434 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 fourteen trips between the two termini inside just over twelve hours. Consequently, certain trips are operated with no rest time at the termini. 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

W.P.(c) No. 17147 of 2015 representation before the respondent herein seeking appropriate modifications to Exhibit P1 time schedule. Along with the said representation, the petitioner has also proposed a new time schedule with adequate rest time provided between trips.

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.

A.V. RAMAKRISHNA PILLAI JUDGE DMR/-