High Court of KeralaWP(C)/21999/2015disposed of

Najeeb v. The Secretary

2015-07-22Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No. 21999 of 2015 (Y) ---------------------------- PETITIONER :

------------------ NAJEEB T.B., AGED 43 YEARS, VADAKKEMALIL HOUSE, KUTTIKKATTUKKARA P.O, ELOOR, ERNAKULAM DISTRICT.

BY ADV. SRI.P.DEEPAK RESPONDENT :

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682030. BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21999 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE TIME SCHEDULE ISSUED TO THE PETITIONER'S SERVICE.

P2 :

TRUE COPY OF THE REPRESENTATION DATED 13-7-2015. RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 21999 of 2015 -------------------------------------- Dated this the 22nd day of July, 2015.

JUDGMENT

The petitioner has approached this Court for a consideration of Ext.P2 representation for revision timings. 2.

The petitioner is a stage carriage operator. The petitioner alleges that he holds a regular permit to conduct service on the route between Eloor and Thevara Ferry issued to his stage carriage bearing registration No.KL-42/A 9041. The timings of the above service was last revised on 17.5.2008. The petitioner further points out that the continued operation of the stage carriage with Ext.P1 time schedule, approved more than seven years ago, has been rendered unviable on account of changed circumstances. As a matter of fact, one stage carriage bearing registration No.KBE/1591 operating on the route between Chilavannoor and Eloor Depot has defaulted operation and the timings issued to the said service have fallen vacant. It was in the above back drop that the petitioner submitted a representation

W.P.(C) No. 21999 of 2015 -2before the respondent for revising the timings of three trips, viz; trips Nos.3, 8 and 10 respectively so as to avoid clash with the timings of other services and in the better interests of the traveling public. The respondent has acknowledged receipt of Ext.P2. However, the respondent has not taken any action so far; it is alleged.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P2 representation, after affording the petitioner and other affected operators, an opportunity of being heard, within a period of one month from the date of receipt of copy of this judgment.

It is open to the petitioner to produce a copy of this judgment and a copy of the writ petition before the respondent to facilitate an early action.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.