Mohammed Yoonus v. The Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 34818 of 2015 (B) ------------------------------------------- PETITIONER(S) :

------------------------- MOHAMMED YOONUS, ANANDIYIL, AYANCHERY POST, VATAKARA, KOZHIKODE.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S) :

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

1. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA, REPRESENTED BY ITS SECRETARY- 673 101.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA- 673 101. BY SR.GOVERNMENT PLEADER SMT.SANJEETHA K.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 34818 of 2015 (B) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1:

TRUE COPY OF THE REGULAR PERMIT WITH ITS NUMBER NO.P.ST.18/31/1996 DATED 05/12/2013.

P2:

THE TRUE COPY OF THE VARIATION APPLICATION ON THE ROUTE AYANCHERRY KOZHIKODE DATED 26/10/2015 WITH THE VEHICLE NUMBER KL 58/B 189.

P3:

TRUE COPY OF THE CHELAN RECEIPT DATED 26/10/2015. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. HARILAL, J.

------------------------------------------------------ W.P. (C) No. 34818 of 2015-B ------------------------------------------------------ Dated this the 24th day of November, 2015

JUDGMENT

The petitioner is a regular stage carriage permit holder operating on the route Ayancherry - Kozhikode operating as ordinary service with the vehicle bearing Registration No.KL 58/B-189. The regular permit is valid up to 12/5/2016. According to the petitioner, the route in question is long route of 60 Kms. and all such long services are operating as limited stop ordinary service. There are plenty of services operating on portions of the route as ordinary services also. Therefore, in the interest of public also, the petitioner wants to convert this permit as limited stop ordinary service and the petitioner applied for a variation of the route, to convert as limited stop ordinary service. The grievance of the petitioner is that even though the

W.P. (C) No. 34818 of 2015 -: 2 :- variation application is required to be considered immediately, it is not considered so far. Moreover, though the application was filed on 26/10/2015, the Secretary, R.T.A. is of the view that he will not process the same unless and until a mandatory order is received from this Court.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. Having regard to the grievance projected in this writ petition, I am of the view that the above grievance of the petitioner deserves to be considered and addressed by the 1st respondent at the earliest. In the above view, the Secretary, R.T.A. is directed to place Ext.P2 before the meeting and the 1st respondent is directed to pass orders accordingly, at the earliest, within a period of six weeks from today. This writ petition is disposed of accordingly. Sd/- (K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge