High Court of KeralaWP(C)/30022/2015disposed of

P.M.Alavi v. The Secretary

2015-10-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 30022 of 2015 (C) ---------------------------- PETITIONER(S):

----------------- P.M.ALAVI, AGED 52 YEARS S/O.MOHAMMED UNNI PUTHUSSERIMADATHIL HOUSE NARUKARA P.O., MANJERI MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S):

------------------ 1.

THE SECRETARY REGIONAL TRANSPORT AUTHORITY MALAPPURAM - 676 505.

THE STATE TRANSPORT AUTHORITY KERALA, REPRESENTED BY ITS SECRETARY TRANSPORT COMMISSIONERATE THIRUVANANTHAPURAM - 695 039.

R BY GOVERNMENT PLEADER SMT.SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.30022 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

PHOTOCOPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT VIDE ORDER NO.G2/2618/99M DATED 9.6.1999 EXHIBIT P2 :

PHOTO COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT VIDE NO.D3/875/STA/2005 DATED 8.11.2011 EXHIBIT P3 :

PHOTO COPY OF THE GUIDELINES ISSUED BY THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM VIDE NO.D3/875/STA/2011 DATED 4.11.2011 EXHIBIT P4 :

PHOTO COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT VIDE ORDER NO.C6/(D3)/1197/2013/M DATED 24.2.2014 EXHIBIT P5 :

PHOTO COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ON 19.9.2015 EXHIBIT P6 :

PHOTO COPY OF THE JUDGMENT IN W.P.(C) NO.10185/2014 W DATED 13.10.2014 EXHIBIT P7 :

PHOTO COPY OF THE JUDGMENT IN W.P.(C) NO.18771/2015 V DATED 3.7.2015.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.30022 of 2015 --------------------- Dated this the 5th day of October, 2015

J U D G M E N T

Ext.P4 order fixing the timings to operate service inter alia states as follows:- "The above revised timings will come into force with effect from 15/12/2013 and objections if any against the timings can be filed by the concerned to the under-signed within a period of three months."

The petitioner did not file the objection in time and has filed Ext.P5 objection belatedly.

2. It is the case of the petitioner that Ext.P4 order fixing the timings militates against Ext.P2 Circular and Ext.P3 guidelines. The same will be taken note of while considering Ext.P5 objection pending with the first respondent.

3. I direct the first respondent to consider Ext.P5 objection with notice to the petitioner and other operators on the route. The same shall be done within a period of three weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/05.10.15