Anandakuttan K.P vs The Secretary, Regional ...
2022 Latest Caselaw 10658 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                   WP(C) NO. 33635 OF 2022
PETITIONER:

          ANANDAKUTTAN K.P.,
          AGED 55 YEARS
          KARIYIL HOUSE, KUMARAKOM NORTH .P.O.,
          KOTTAYAM DISTRICT.
          BY ADV PRASAD CHANDRAN

RESPONDENT:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, KOTTAYAM,
          OFFICE OF THE REGIONAL TRANSPORT OFFICER,
          CIVIL STATION, KOTTAYAM PIN -686002.
OTHER PRESENT:

          0
          SRI.V.K.SUNIL, SR.GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.33635/2022

                                       2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.33635 of 2022
             ----------------------------------------------
           Dated this the 21st day of October, 2022


                                 JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to consider and dispose Exhibit P2 application submitted by the petitioner for revision of timings on the route Kottayam- Cherthala with his stage carriage KL-35/F-4290, after affording an opportunity to the petitioner and interested operators, forthwith, or at any rate within a time limit to be fixed by this Hon'ble Court, in the interest of justice.

ii. To issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case.

(SIC)

2. Petitioner is the holder of a regular permit

conducting service on the route Kottayam - Cherthala with

settled set of timings issued on 12.06.2017. According to the WP(C).No.33635/2022

petitioner, the timings of the petitioner is operated with lesser

time gap between the other services. It is stated in the writ

petition that as there has arisen vacant set of timings on the

route, the petitioner submitted Ext.P2 request for revision of

timings. The grievance of the petitioner is that the same is not

considered.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

can be disposed of directing the respondent to consider Ext.P2

application as per seniority.

Therefore, this writ petition is disposed of in the

following manner:

1. The respondent is directed to consider

and dispose Ext.P2 application

submitted by the petitioner for revision

of timings on the route Kottayam -

Cherthala with stage carriage bearing

registration No.KL-35/F-4290, after

affording an opportunity of hearing to

the petitioner and other affected WP(C).No.33635/2022

parties, as expeditiously as possible,

and also in accordance with seniority.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.33635/2022

APPENDIX OF WP(C) 33635/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT WITH THE SETTLED SET OF TIMINGS ISSUED TO THE PETITIONER'S SERVICE.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 15.09.2022.

Exhibit P2 A ENGLISH TRANSLATION OF EXHIBIT P1 REPRESENTATION.