Vipeesh Lal C. K vs The Secretary
2021 Latest Caselaw 12685 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
                    WP(C) NO. 10065 OF 2021


PETITIONER:
0



           VIPEESH LAL C.K., S/O. VIJAYAN C. K.,
           CHEERAKUNIYIL HOUSE, P.O. ORAKATTERY,
           ERAMALA, VADAKARA - 673 501.

           BY ADV I.DINESH MENON


RESPONDENT:
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           THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
           VADAKARA, REGIONAL TRANSPORT OFFICE,
           VADAKARA P.O., VADAKARA - 673 101.

           BY SR. GP. SRI. K.P. HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10065/2021
                                  :2 :




                          JUDGMENT

~~~~~~~~~

Dated this the 2nd day of June, 2021

The petitioner operates KL-13AG-2799 as a Stage

Carriage in an intra-District route Thiruvallur - Vatakara -

Nadapuram - Kakkattil - Kumbalachola - Kuttiadi -

Chathangottunada since 1984. In 1997, the petitioner was

allotted a running time of 2 hours 15 minutes per Kilometer to

operate and almost all other services were allotted with a

lesser time of 2 minutes per Kilometer. The timing allotted to

the petitioner is economically unviable.

2. The petitioner wants parity in timings and hence

made a request to that effect. His request is not being

considered. Hence the petitioner seeks a direction to the

respondent to consider his Ext.P7 request within a time frame.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondent. WP(C) No.10065/2021

4. As per Rule 212 of the Kerala Motor Vehicles

Rules, the authority competent is duty bound to give a time

schedule to each operators, which necessarily should be non-

discriminatory.

Therefore, the writ petition is disposed of directing

the respondent to obtain Field Officer's Report on the issue

raised by the petitioner within a period of three weeks. The

respondent shall thereafter consider the request of the

petitioner and pass appropriate order on Ext.P7 within a

further period of three weeks, if necessary, after hearing the

affected parties through physical or virtual mode.

Sd/-

N. NAGARESH, JUDGE

aks/02.06.2021 WP(C) No.10065/2021

APPENDIX

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PERMIT OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 22.09.2016.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 17.03.2008.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 07.06.2011.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 22.02.2014.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 26.12.2019.

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 28.02.2021.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.12572/2019 DATED 26.04.2019. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.7480/2021 DATED 09.04.2021. ncd