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High Court of KeralaWP(C)/22781/2015disposed of

M.V.Gireeshan v. The Secretary, Regional Transport Authority, Kannur

2015-07-28Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 22781 of 2015 (W) ----------------------------------------- PETITIONER(S):

---------------------- M.V.GIREESHAN, S/O.KUNHAPPAN, M.V.HOUSE, RAMANTHALI.P.O., PAYYANNUR, KANNUR DISTRICT.

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

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR673001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 22781 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1COPY OF THE PERMIT ISSUED ON 24.4.2015.

P2COPY OF THE REQUEST DATED 10.6.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- -------------------------------------- Dated this the 28th day of July, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to consider his application for revision of his own timings. 2.

The petitioner is an existing stage carriage operator on the route between Kavvayi and Payyannur via Payangadi and the permit is issued in respect of stage carriage No.KL 10 P/9189. The petitioner alleges that on account of heavy traffic block because of the very bad condition of the road, the time gap available to the petitioner has been considerably reduced. Due to the above, the petitioner is not in a position to conduct the service profitably. Hence the petitioner submitted an application to the respondent on 10.6.2015 along with the proposed set of timings requesting to change the departure time at Payyannur. There is warranting circumferences to revise the petitioner's timings on account of the above. The reason stated in Ext.P2 is on account of heavy traffic block on

-2the sector, which is a valid and sustainable reason to revise the timings of the petitioner's service. It is with this background, the petitioner has come up before this Court. 3.

I have heard the learned counsel for the petitioner and the learned Senior Government Pleader in the matter. Considering the nature of the submissions and the nature of the relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P2 request, after affording the petitioner and affected operators 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, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest. sd/- A.V. RAMAKRISHNA PILLAI JUDGE

-3Scl.