Muhammed Shareef vs The Secretary
2023 Latest Caselaw 5112 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. 13540 OF 2023
PETITIONER:

          MUHAMMED SHAREEF
          AGED 40 YEARS
          S/O KUNCHEED, MELEPEEIYIEKKAL HOUSE, VENGAD P O,
          MALAPPURAM -, PIN - 679338.

          BY ADV STALIN PETER DAVIS

RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
          PALAKAKD, PIN - 678002.

          SRI.T R 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. 13540 of 2023               2




                                      JUDGMENT

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

operating service on the route Valanchery - Pattambi - Cherplassery using

stage carriage bearing Reg. No.KL-55-X-8314. He has approached this Court

seeking the following reliefs.

i) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to consider and dispose Ext.P1 application submitted by the petitioner for making necessary changes in the timings of his service on the route Valanchery - Pattambi - Cherplasery in respect of stage carriage KL-55/X 8314 after affording an opportunity to the petitioner and interested operators within a reasonable time limit to be fixed by this Hon'ble Court, in the interest of justice.

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

learned 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 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.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 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) 13540/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OR THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 27/3/2023.

RESPONDENTS EXHIBITS : NIL