Martin Sebastain vs The Secretary
2023 Latest Caselaw 4884 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                   WP(C) NO. 14002 OF 2023

PETITIONER/S:

           MARTIN SEBASTAIN,
           AGED 53 YEARS
           S/O DEVASSIA , KOOTUNKAL HOUSE,
           VEMON POST , MANATHAVADY,
           WAYANAD, PIN - 670645

           BY ADV STALIN PETER DAVIS

RESPONDENT/S:

           THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY,
           CIVIL STATION , KALEPETTA NORTH ,
           WAYANAD, PIN - 673122



           SRI TR RENJITH, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.14002 of 2023                       2




                                      JUDGMENT

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

respect of stage carriage bearing Reg. No. KL-72/9203 operating service on

the route Mananthvady-Tirunelly-Tholpetty. He has approached this court

seeking the following relief.

"i) to issue a writ of mandamus or any other appropriate writ direction or order directing the respondent to consider and dispose Exhibit P1 application submitted by the petitioner for making necessary changes in the timings of his service on the route Mananthvady-Tirunelly-Tholpetty in respect of stage carriage KL-72/9203, after affording an opportunity to the petitioner and interested operators, within a reasonable time limit to be fixed by this Honourable Court, in the interest of justice.

2. Heard Sri. Stalin Peter Davis, the learned counsel appearing for

the petitioner and Sri. T.R. Renjith, the learned Senior Government Pleader.

3. The learned Government Pleader submits that Ext.P1

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

three months on seniority 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.P1 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 on a first come,

first go basis 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 NS

APPENDIX OF WP(C) 14002/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 5/4//2023