Pradeep v. The Secretary, Regional Tranport Authority, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(C).No. 23106 of 2015 (K) ---------------------------- PETITIONER :

--------------------- PRADEEP S/O.MANICKEN, ERATTE HOUSE, VITHANASSERY NEMMARA, CHITTOOR, PALAKKAD DISTRICT.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

------------------------ THE SECRETARY, REGIONAL TRANPORT AUTHORITY, PALAKKAD - 678 001.

BY GOVT. PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 23106 of 2015 (K) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

TRUE EXTRACT OF THE PROCEEDINGS DATED 12.8.14. EXHIBIT P2.

COPY OF THE SETTLED TIMINGS.

EXHIBIT P3.

COPY OF THE REQUEST WITH PROPOSED TIMINGS.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 23106 of 2015 -------------------------------------------------- Dated this the 3rd day of August, 2015

J U D G M E N T

The petitioner is seeking a direction to the respondent to consider Ext.P3 request with proposed timings for settlement of timings.

2.

The petitioner was an applicant for the grant of a regular stage carriage permit on the route between Kollengode and Koduvayur, which passes through rural and illserved areas of Palakkad District. According to the petitioner, there is no adequate travelling facilities and the travelling public are put to difficulties. The application for regular permit was considered by the RTA, Palakkad in its meeting held on 12.08.2014 and the regular permit was granted subject to settlement of timings. The petitioner produced current records of the vehicle. He had applied for regular permit including two cut trips between Koduvayur - Poolaparambu and also between Nemmara and Kollengode. The timing conference was scheduled to be held on 26.05.2015 and on the said day, though certain time slots were

W.P.(C) No. 23106 of 2015 ..2..

suggested, the timing of two cut trips were not fixed; it is alleged. Now, the petitioner has made a revised proposal as certain time slots are not feasible to operate. The limited prayer of the petitioner is that Ext.P3 request also be considered in the timing conference scheduled for settlement of timings as that of the two cut trips.

3.

Heard the learned counsel for the petitioner and the learned senior Government Pleader in the matter. Considering the nature of the relief, the writ petition is disposed of directing the respondent to consider Ext.P3 request, within a period of one month for the date of receipt of a copy of this judgment, after affording the petitioner and the affected parties an opportunity of being heard. 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/-