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High Court of KeralaWP(C)/24315/2015disposed of

Sabu.P.M v. Secretary

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. 24315 of 2015 (L) ---------------------------------------- PETITIONER(S):

---------------------- SABU.P.M, AGED 43 YEARS, PUSHPAVILASAM HOUSE, THEKKUMKARA, KUMARAKOM, KOTTAYAM.

BY ADV. SRI.P.DEEPAK RESPONDENT(S):

------------------------- SECRETARY, REGIONAL TRANSPORT AUTHORIY, KOTTAYAM - 686 001.

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:

PJ

WP(C).No. 24315 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - A TRUE COPY OF THE REPRESENTATION DT. 04.8.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

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 to provisionally approve the time schedule proposed in Ext.P1 representation.

2. The petitioner is a stage carriage operator. He is conducting service on the Cherthala-Kottayam route on the strength of a regular permit issued to his stage carriage bearing registration number KL-17/E 3911 with a time schedule approved by the respondent on 29.10.2013.

3. According to the petitioner, as per the existing timing, the second trip in the morning reaches Cherthala at 9.35 a.m. and the return trip from Cherthala is at 9.47 a.m. The next stage carriage departs from Cherthala at 9.50 a.m. and there is a time gap of only 3 minutes between the two services. The petitioner alleges that there was a stage

carriage bearing registration number KL-36/5225 departing from Cherthala at 10.09 a.m. and the permit holder of the said stage carriage has since surrendered the permit itself and has withdrawn from the route, consequently, the 10.09 a.m. time slot has fallen vacant. Therefore, the petitioner filed Ext.P1 representation before the respondent seeking appropriate modifications to the existing time schedule by revising the departure time from 9.47 a.m. to 10.09 a.m. According to the petitioner, as the respondent is declining to consider Ext.P1, he has approached this Court with this writ petition.

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

5. Considering the reliefs sought for and the submissions made, this writ petition is disposed of directing the respondent to consider and pass orders on Ext.P1 representation within one month of receipt of copy of this judgment, after affording an opportunity of being heard

to the petitioner and the affected parties if any. 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