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High Court of KeralaWP(C)/24406/2015disposed of

G. Rajendran v. The Secretary, Regional Transport Authority

2015-08-12Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 24406 of 2015 (A) ---------------------------------------- PETITIONER(S):

---------------------- G. RAJENDRAN, PUTHANTHARAYIL, THAIKKAL P.O, CHERTHALA 688 554.

BY ADVS.SRI.P.SANTHOSH KUMAR (TR) SRI.T.P.SAJAN RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA 688 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 24406 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE EXISTING TIME SCHEDULE OF THE VEHICLE KL.4.N.7866 ON THE ROUTE CHERTHALA - ALAPPUZHA. EXHIBIT P2.

COPY OF THE APPLICATION DATED 13.7.15.

EXHIBIT P3.

COPY OF THE PROPOSED TIME SCHEDULE OF THE VEHICLE KL.4N.7866 ON THE ROUTE CHERTHALA ALAPPUZHA DATED NIL. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- ------------------------------- Dated this the 12th 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.P2 application along with Ext.P3 proposal for allowing revision of own timings in respect of petitioner's vehicle bearing No.KL-4 N 7866 operating on the route Cherthala-Alappuzha.

2. The petitioner is operating a regular services on the above route with a settled set of timings for the last 15 years without any changes in the existing timings. According to the petitioner, as per the time schedule, petitioner's service departs from Cherthala at 6.00 a.m. towards Alappuzha. Similarly, the same service departs from Alappuzha at 3.15 p.m. It is alleged that, due to the subsequent introduction of other services just ahead of petitioner's service, the petitioner's trip is causing serious time clash and financial loss. Hence, he submitted Ext.P2 request before the

respondent authority for revision of his own timings and to allot 5.40 a.m. as departure time from Cherthala instead of 6.00 and similarly to allot 3.20 p.m. as departure time from Alappuzha towards Cherthala instead of 3.15. The petitioner alleges that, though the respondent is the competent authority to consider Ext.P2 request along with Ext.P3 proposal, the Secretary is not taking any action on the application made by the petitioner. It is with this background, the petitioner has approached this Court.

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

Considering the nature of reliefs sought for and the submissions made, this writ petition is disposed of directing the respondent to consider and pass orders on Ext.P2 request and Ext.P3 proposal of timings, within a period of one month of receipt of copy of this judgment, after affording 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