Sandeep vs The Secretary
2022 Latest Caselaw 7810 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                        WP(C) NO. 20871 OF 2022
PETITIONER/S:

            SANDEEP
            AGED 40 YEARS
            S/O SANKARAN, KODAVAMPARAMBIL HOUSE, KADACHIRA-670621.

            BY ADV G.CHITRA



RESPONDENTS:

     1      THE SECRETARY
            REGIONAL TRANSPORT AUTHORITY, PALAKKAD, KUNNATHUMEDU,
            PALAKKAD, PIN-678001.

     2      MOHAMMED NAZAR
            S/O SULAIMAN HAJI, 9/238, SAHYADRI COLONY, JOHARA MANZIL,
            CHANDRA NAGAR, PALAKKAD-678007.

            GOVERNMENT PLEADER SRI.JIMMY GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20871 OF 2022
                            2

                      JUDGMENT

The petitioner is the existing operator operating

service on the route Mannarkkad- Guruvayoor via

Pattambi with his stage carriage bearing registration

No. KL-52/P 7032. According to the petitioner, as per

the set of timings issued to the said service, the

service proceeds from Pattambi at 11.02 am towards

Guruvayoor. The petitioner states that, the service of

the 2nd respondent on the route Palakkad-Guruvayoor

via Pattambi was issued with a set of timings that is to

start from Palakkad at 8.27 am, passing Pattambi at

10.32 am towards Guruvayoor. The petitioner submits

that, the said service is now conducting operation at

10.59 am just 3 minutes ahead of the petitioner's

service, thereby creating clash of timings from

Pattambi to Guruvayoor. Accordingly, the petitioner WP(C) NO. 20871 OF 2022

has submitted Ext.P1 objection before the 1st

respondent. The learned counsel for the petitioner

submits that the 1st respondent has got a duty to see

that every operator operates the service strictly in

accordance with their time schedule.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the 1st

respondent. In view of the direction I propose to issue,

notice to the 2nd respondent is dispensed with.

3. The learned Government Pleader on

instructions submits that a report is called for by the

1st respondent from the Joint RTO, Pattambi and the

report is awaited and once the report is submitted,

Ext.P1 objection of the petitioner will be disposed of.

Accordingly, there will be a direction to the 1 st

respondent to consider and dispose of Ext.P1 objection

of the petitioner with notice to the petitioner and the WP(C) NO. 20871 OF 2022

2nd respondent expeditiously after obtaining the

report from the Joint RTO, Pattambi.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

WP(C) NO. 20871 OF 2022

APPENDIX OF WP(C) 20871/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.05.2022.