High Court of KeralaWP(C)/24220/2015disposed of

Sajudheen v. The Secretary

2015-08-11Honourable 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 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24220 of 2015 (B) ---------------------------- PETITIONER :

---------------------- SAJUDHEEN, S/O.PAREEKUTTY, 863/4, AMMAYATH HOUSE, THAVANNUR, PONNANI, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN -676 505 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 24220 of 2015 (B) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

PHOTOCOPY OF THE REQUEST DATED 27.07.2015 SUBMITTTED BY THE PETITIONER BEFORE THE RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24220 of 2015 ------------------------------- Dated this the 11th day of August, 2015.

J U D G M E N T

The petitioner is seeking a direction to the respondent to consider and pass orders on Ext.P1 request for revision of petitioner's timing.

2. The petitioner is conducting a regular stage carriage service in Ponnani-Tirur route in respect of his stage carriage bearing No.KL-54-A-6600. According to him, after the issue of timings to the petitioner's service, a large number of services were introduced on the sectors of the route and some of the services have surrendered their permits.

3. The petitioner has submitted Ext.P1 request for revision of his own timings suggesting clear gap timings with other services, but the respondent has not so far taken any action to consider Ext.P1 request on merit and the effect of the delay in considering Ext.P1 request is that, the

W.P.(C)No.24220 of 2015 timings proposed by the petitioner will be taken by others and he would be prejudiced. In the circumstances, the petitioner approached this Court.

4. I have heard the learned counsel for the petitioner and the learned Government Pleader.

5. The learned counsel for the petitioner confined his arguments to a limited prayer to direct the respondent to consider and pass orders on Ext.P1 request for revision of petitioner's timing. Considering the reliefs sought for and the submissions made by the learned counsel for the petitioner, this writ petition is disposed of directing the respondent to consider Ext.P1 request within a period of one month from the date of receipt of copy of this judgment, after affording the petitioner and affected operators an opportunity of being heard.

Sd/- A.V.RAMAKRISHNA PILLAI, Judge.

ami/ //True copy// P.A. to Judge