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High Court of KeralaWP(C)/24278/2015disposed of

Prince Jose v. Secretary, Rta, Kottayam

2015-08-11Honourable 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 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24278 of 2015 (H) ---------------------------- PETITIONER :

-------------------- PRINCE JOSE AGED 43 YEARS KUNDUNTHAYIL HOUSE, PUNNATHOOR EAST P.O., AYARKUNNAM, KOTTAYAM.

BY ADV. SRI. P. DEEPAK RESPONDENT :

----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 001.

BY GOVT. 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:

Mn ...2/-

WP(C).No. 24278 of 2015 (H) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

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

COPY OF THE REPRESENTATION DATED 4.8.15.

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------------- ---------------------------------- 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 authority to consider and pass orders on Ext.P1 representation filed before the respondent seeking revision of the existing time schedule and provisionally approve the time schedule proposed in it.

2. The petitioner is a stage carriage operator. He is conducting service on the route Kottayam-Kunnonni on the strength of a regular permit issued to his stage carriage bearing registration number KL-05/AK 8077 with a time schedule approved by the respondent on 11.3.2014. According to the petitioner, when the timings were last settled on 11.3.2014, the running time allotted to the service was modified in tune with the running time prescribed by the State Transport Authority (STA), vide Circular

No.D3/875/2005/Tran. dated 8.11.2011. However, this Court has since declared that any revision of the running time of stage carriages in compliance of the above Circular, shall be given effect to only in a uniform manner and on a date to be notified by the STA as applicable to entire State. It is averred that, the revision of timings of stage carriages in consonance with the above Circular has been indefinitely put on hold as the STA is of the view that the Circular requires to be supplemented with additional details. The petitioner alleges that the time schedule originally issued to the petitioner's service is still lying vacant. It is with this background, the petitioner has approached this Court with this writ petition along with Ext.P1 representation.

3. I have heard the learned standing counsel for the respondent and the learned counsel for the petitioner.

4. Considering the nature of reliefs sought for and the submissions made by the counsel for the petitioner, this writ petition is disposed of directing the respondent to consider

and pass positive orders on Ext.P1 representation within a period of one month of receipt of copy of this judgment after affording the petitioner as well as the affected parties, if any, an opportunity of being heard.

To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as a copy of this judgment before the respondent.

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

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