Muhammed Fayis M.K vs The Secretary, Regional ...
2023 Latest Caselaw 4588 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                   WP(C) NO. 13438 OF 2023
PETITIONER:

          MUHAMMED FAYIS M.K.
          AGED 43 YEARS
          S/O BEERAN KOYA HAJI M.K., M.K.B. HOUSE, CHELOOPADAM,
          CHELAMBRA, MALAPPURAM DISTRICT, PIN - 673634.

          BY ADV SAJU J.VALLYARA

RESPONDENT:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          MALAPPURAM, CIVIL STATION, MALAPPURAM P.O.,
          MALAPPURAM DISTRICT, PIN - 676505.


          SRI.T R RENJITH, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 13438 of 2023                 2




                                       JUDGMENT

The petitioner states that he is the holder of a regular permit

operating service on the route Kolakuth-Feroke-Kondotty using stage

carriage bearing Reg. No.KL-10-BE-444. He has approached this court

seeking the following relief:

i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Ext.P3 request for revision of timings in respect of stage carriage KL-10-BE-444 operating on the route Kolakuth-Feroke-Kondotty-within a reasonable time limit to be fixed by this Hon'ble Court.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. The learned Government Pleader submits that Ext.P3

application for revision of timings can be taken up and disposed of within

three months on a priority basis.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the respondent to take up,

consider and pass appropriate orders on Ext.P3 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein and other affected parties, if

any.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 13438/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.

KL1010/624/1998 ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 11.03.2020 IN RESPECT OF STAGE CARRIAGE KL-10-BE-444.

Exhibit P2 TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO. C6/(D3)/7619/2015/M DATED 01.04.2016 ISSUED BY THE RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED 14.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HIS STAGE CARRIAGE KL-10-BE-444.

RESPONDENTS EXHIBITS : NIL