High Court of KeralaWP(C)/24304/2015disposed of

Eldho P.Varghese v. Secretary, Regional Transport Authority

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. 24304 of 2015 (K) ---------------------------- PETITIONER(S):

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1. ELDHO P.VARGHESE, PUTHUPARAMBIL HOUSE, VILANGU P.O., KIZHAKKAMBALAM.

2. SANTHA MOHANAN, PADIPURAKKAL HOUSE, KOLLAMPPADY, COCHIN PALACE P.O.

BY ADV. SRI.P.DEEPAK.

RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 030.

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:

rs.

WP(C).No. 24304 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: TRUE COPY OF THE REPRESENTATION DATED 22.07.2015. RESPONDENT'S EXHIBITS:- NIL.

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------------- ---------------------------------- Dated this the 11th day of August, 2015.

J U D G M E N T

The petitioners are seeking a direction to the respondent authority to provisionally approve the proposal contained in Ext.P1 representation for allowing revision of the existing time schedules in respect of petitioner's stage carriage bearing No.KL-40/L 3699 and KL-39/A 1269 operating on the route Aluva - Thripunithura on the strength of regular permits issued to them.

2. The petitioners are stage carriage operators having a regular services on the above route. The stage carriage bearing registration number KL-40/L 3699 commences service from Thripunithura at 6.08 a.m. and reaches Aluva at 7.18 a.m. The return trip is at 7.32 a.m. after waiting for 14 minutes. On the other hand, KL-39/A 1269 starts from Thripunithura at 6.00 a.m. and reaches Aluva at 7.10 a.m.

The return trip is at 7.20 a.m. after a halt of a mere 10 minutes. In the next trip also, the stage carriage KL-39/A 1269 is provided little waiting time at the terminal ; it is alleged.

3. The petitioners submitted Ext.P1 joint application for revision of the timings issued to their respective stage carriages. The petitioners have mutually agreed to interchange the 6.00 a.m. and 6.08 a.m. departure times from Thripunithra and also the timings of the return trips from Aluva. According to the petitioners, by submitting Ext.P1, the proposal basically is one for revision of the existing timings of the two services though the revision would be confined to mere inter-changing of the timings. According to the petitioners, the respondent authority is not taking any action to pass orders on Ext.P1 representation. It is with this background, the petitioners have approached this Court.

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

learned Government Pleader.

4. Considering the reliefs sought for and the submissions made, 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 petitioners 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