Shibu.K.S vs 1. The Regional Transport Officer
2022 Latest Caselaw 11478 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
   FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                       WP(C) NO. 39858 OF 2022
PETITIONER:

          SHIBU.K.S
          AGED 56 YEARS
          S/O.SCARIA, KANIYAMPARAMBIL HOUSE,
          VENKURINJI.P.O, KANJIRAPPALLY,
          KOTTAYAM DISTRICT, PIN - 686510

          BY ADVS.
          C.A.NAVAS
          LAYA SIMON
          P.A.SHAJI SAMAD


RESPONDENTS:

    1     THE REGIONAL TRANSPORT OFFICER
          ROAD TRANSPORT OFFICE, KOTTAYAM,
          KOTTAYAM DISTRICT, PIN - 686002

    2     THE DISTRICT COLLECTOR
          CIVIL SATION, KOTTAYAM
          KOTTAYAM DISTRICT, PIN - 686002

    3     THE SUPERINTENDENT OF POLICE
          THIRUNAKKARA ROAD,
          KOTTAYAM DISTRICT, PIN - 686001

    4     THE REGIONAL TRANSPORT AUTHORITY
          REPRESENTED BY THE REGIONAL TRANSPORT OFFICER ,
          ROAD TRANSPORT OFFICE, KOTTAYAM,
          KOTTAYAM DISTRICT, PIN - 686002

    5     SUNNY MATHEW
          CHITTAPPANATTU HOUSE, MUNDAKKAYAM.P.O,
          KOTTAYAM DISTRICT, PIN - 686513

          SRI.SUNIL KURIAKOSE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.39858/2022                       2




                                   JUDGMENT

The petitioner has approached this Court with the following

prayers:

(i) To call for the records leading to Exts.P1 to P4 and to issue a writ of certiorari or any other appropriate writ direction or order quashing or setting aside item No.12 of agenda dated 29.11.2022 of the fourth respondent contained in Ext.P3 to allot temporary permit to the fifth respondent to extent it overlaps the route and time as that of the bus service operated by the petitioner.

(ii) To issue a writ of mandamus or any other appropriate writ direction or order directing the first respondent to consider and pass appropriate orders on Ext.P4 representation forthwith, after affording an opportunity to the petitioner of being heard.

2. The petitioner is stated to be holder of permit on the

route Thulappally - Kanjirappally in respect of a stage carriage

bearing registration No.KL 05 AM 3231. Since the new services have

been introduced on the aforementioned route, an application Ext.P4

has been submitted to the first respondent for revision of the

timing.

3. I have heard the counsel for the parties and appraised

the paper book.

4. Learned counsel for the petitioner submits that the

hearing of the representation is scheduled to be held on 13.12.2022

and the petitioner apprehends that he may not be heard.

5. The learned Government pleader submits that the

application for revision of timings shall be considered as per the

seniority, as expeditiously as possible, if submitted.

Without expressing any opinion on the merits of the matter, I

dispose of the writ petition by issuing directions to the respondent to

take a call on Ext.P4 representation for revision of timing as per the

seniority, as expeditiously as possible.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX OF WP(C) 39858/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PERMIT NO. P ST 5/906/2006 DATED 28.05.2019 FOR BUS BEARING NO. NO.KL 05 AM

Exhibit P2 THE TRUE COPY OF THE TIME SHEET DATED 04.07.2018

Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF AGENDA DATED 29.11.2022 OF THE 4TH RESPONDENT AUTHORITY

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 03.12.2022

Exhibit P4(A) THE ENGLISH TRANSLATED COPY OF EXHIBIT P4 REPRESENTATION