High Court of KeralaWP(C)/24485/2015disposed of

Abdul Azeez v. Secretary, Regional Transport Authority, Malappuram

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. 24485 of 2015 (I) ---------------------------- PETITIONER:

------------------ ABDUL AZEEZ, KAITHAVALAPPIL HOUSE, PATTIMATTOM, ERNAKULAM DISTRICT.

BY ADV. SRI.P.DEEPAK RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA - 686 661.

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:

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WP(C).No. 24485 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

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

A TRUE COPY OF THE REPRESENTATION DATED 3.6.15. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

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 provisionally approve the time schedule proposed in Ext.P1.

2. The petitioner is a stage carriage operator. He is conducting service on the route Kolencherry-Perumbavoor on the strength of a regular permit issued to his stage carriage bearing registration number KL-07/AG 2051 with a time schedule approved by the respondent on 2.8.2015. According to the petitioner, as per the existing time schedule, the petitioner's stage carriage departs from Perumbavoor in the last trip at 7.27 p.m. The stage carriage bearing registration number KL-40/A 6828 leaves Perumbavoor at 7.15 p.m. This stage carriage has since obtained a variation of the conditions of the permit and the

7.15 p.m. trip has been allowed to be curtailed. Consequently, the 7.15 p.m. departure time from Perumbavoor has fallen vacant. The petitioner filed Ext.P1 representation before the respondent seeking appropriate modifications to Ext.P1 time schedule. According to the petitioner, the respondent authority is not taking any action to pass orders on Ext.P1 application. It is with this background the petitioner 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.

4. Considering the nature of 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 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