High Court of KeralaWP(C)/25931/2015disposed of

M.A. Augustine v. The Secretary

2015-08-21Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 WP(C).No. 25931 of 2015 (N) ---------------------------- PETITIONER :

--------------------- M.A. AUGUSTINE,S/O.AUGUSTY, MUKKADAYIL HOUSE, VELLAPPAD, PALA.P.O., KOTTAYAM DISTRICT.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

----------------------------

1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686 001

2. PHILIP C JOHN, CHIRACKAL HOUSE, LAKKATTOOR.P.O., KOTTAYAM-686 001 R1 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.25931/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE TIME SHEET ISSUED ON 1/1/2008 P2 COPY OF THE PERMIT DATED 6/9/2008 P3 COPY OF THE PROCEEDINGS DATED 18/6/2015.

P4 COPY OF THE APPLICATION DATED 19/8/2015.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE sts

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.25931 of 2015 --------------------------------------------- Dated this the 21st day of August, 2015

JUDGMENT

The petitioner is seeking a direction from this Court to the first respondent to revise the petitioner's own timings.

2. The petitioner is an existing operator on the route between Thodupuzha and Kottayam and the second respondent is an operator on the route between Chingavanam and Kuruvilangad. According to the petitioner, the timing allotted to the second respondent for one trip is adversely affecting the petitioner very much. The petitioner's service proceeds from Thodupuzha and arrives Pala at 9.40 a.m. and depart from Pala at 9.48 a.m. and proceeds through Kidangoor, Ayarkunnam and Manarkad and reaches Kottayam at 11.03 a.m. The second respondent's service proceeds from Kuravilangad and arrives Kidangoor at 10.12 a.m. and proceeds to Chingavanam via. Ayarkunnam and Manarkad. The

WPC No.25931/2015 2 second respondent's service proceeds from Manarkad at 10.42 a.m. The petitioner's service proceeds from Kidangoor at 10.13 a.m. and arrives Manarkad at 10.43 a.m. Both services are conducting on the sector Kidangoor-Manarkad with a time gap of only one minute which leads to overspeeding and competition among the operators. The common sector on the route is KidangoorManarkad having a distance of 16 kms. According to the petitioner, there is acute time clash with the second respondent's service and the allotment of timing from Kidangoor to Manarkad to the second respondent's service is causing difficulties to the petitioner as well as the second respondent. The petitioner submitted Ext.P4 application. However, no action has been taken by the respondent so far. It is with this background, the petitioner has come up before this Court.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of submission and the nature of relief sought for, the first respondent is directed to

WPC No.25931/2015 3 consider and pass orders on Ext.P4 application for revision of timings, after affording the petitioner, the second respondent or any other affected parties an opportunity of being heard, within a period of one month from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

sd/-A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE