Nisha Thomas v. Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24930 of 2015 (M) ---------------------------- PETITIONER:

-------------------- NISHA THOMAS, W/O. GIRISH, PARAYIL HOUSE, EDAMARUKU P.O., KOTTAYAM.

BY ADV. SRI.I.DINESH MENON.

RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686 002.

BY GOVT. PLEADER SMT.K.A. SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 24930 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1- TRUE COPY OF THE REPRESENTATION DATED 30-07-2015. EXHIBIT P2- TRUE COPY OF THE JUDGMENT IN WP(C).NO.24396/2015 DATED 11-08-2015.

RESPONDENT'S EXHIBITS:- NIL.

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 24930 of 2015 -------------------------------------- Dated this the 18th day of August, 2015.

JUDGMENT

The petitioner has approached this Court for a consideration of Ext.P1 representation for revision of his own timings.

2.

The petitioner is the registered owner of a stage carriage vehicle bearing registration No.KL-35 D 8274. The petitioner alleges that he is conducting service on the route between Kumali and Ernakulam for the last several years. The timings of the petitioner's services were last settled on 11.3.2014. The petitioner further alleges that after the introduction of the petitioner's service, many new services were introduced including KSRTC and many services surrendered its permit and hence those timings became vacant. The petitioner intends to make slight changes to the petitioner's service so as to avoid the clash of timings. With this intention, the petitioner submitted a representation for revision of timings of his own service. The petitioner further

W.P.(C) No. 24930 of 2015 -2alleges that the representation is submitted in accordance with Rules 145 (7) of the Kerala Motor Vehicles Rules and the Secretary, RTA, Kottayam is competent to consider the same as provided under Rule 212 of the Kerala Motor Vehicles Rules. 3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the submissions and the nature of the relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 representation, after affording the petitioner and other affected operators, an opportunity of being heard, within a period of one month from the date of receipt of copy of this judgment.

It is open to the petitioner to produce a copy of this judgment and a copy of the writ petition before the respondent to facilitate an early action.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.