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High Court of KeralaWP(C)/19949/2015disposed of

Vimalraj v. The Secretary

2015-07-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19949 of 2015 (P) ------------------------------------------ PETITIONER(S) :

-------------------------- VIMALRAJ, RAJ BHAVANAM, PEZHUMMOODU, VALAUPACHA P.O., CHITHARA, KOLLAM.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY , KOLLAM- 691 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 19949 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPIES OF THE RELEVANT PORTION OF PROCEEDINGS DATED 23/02/2015.

EXT.P2:

TRUE COPY OF THE APPLICATION DATED 25/05/2015. RESPONDENT(S)' EXHIBITS :

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

Msd.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 19949 of 2015 -------------------------------------------------- Dated this the 2nd day of July, 2015

J U D G M E N T

Seeking a positive direction to the respondent to consider Ext.P2 application for allotting vacant timings, the petitioner has come up before this Court.

2.

The petitioner applied for regular permit on the route between Ayoor and Kallara. According to the petitioner, the said route traverses through ill served sector and there is no objectionable overlapping. The petitioner applied for temporary permit also on the very same route; and this Court, in WP(C) No.4655/2014, directed the Secretary, RTA to consider the application if there is no legal impediment; and accordingly, temporary permit was granted to the petitioner and now, he is conducting the service with the timings suggested by him. The petitioner alleges that there is a vacant set of timings of stage carriage bearing Reg.No.KL 17/6931 on the route between Cherayam and Ayoor on the basis of surrendering of permit. According to the petitioner, the petitioner's route is almost similar to the

W.P.(C) No. 19949 of 2015 ..2..

route of the surrendered permit and the allotment of the said timings to the petitioner is beneficial to the travelling public and the same would not cause any inconvenience to the travelling public. Therefore, the petitioner submitted Ext.P2 application for allotting the vacant timings of stage carriage bearing Reg.No.KL 17/6931, which has not been considered by the respondent so far. Hence, this writ petition. 3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P2 within a period of three weeks 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. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-