Nirmal.P vs The Secretary, Regional ...
2023 Latest Caselaw 2041 Ker

WP(C) NO. 2749 OF 2023                  1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         WP(C) NO. 2749 OF 2023
PETITIONER:

           NIRMAL.P
           AGED 40 YEARS
           S/O RADHAKRISHNAN, PRAYAKA,ARUKIZHAYA,
           MANJERI P.O, MALAPPURAM, PIN - 676121

             BY ADV ANUMOD B.NAIR



RESPONDENT:

           THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY,
           MALAPPURAM CIVIL STATION RD, UP HILL,
           MALAPPURAM, PIN - 676505



             SMT MABLE C KURIAN, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.02.2023,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 2749 OF 2023                           2




                                        JUDGMENT

This writ petition is filed seeking the following reliefs:

i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to consider and pass final orders on Exhibit P1 application submitted by the petitioner for the modification of the time schedule in respect of his service on the route Manjeri-Guruvayur in respect of his stage carriage KL 10/AB 9719, forthwith, or at any rate within a time limit to be fixed by this Hon'ble Court, in the interest of justice.

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

operate limited stop service on the route Manjeri-Guruvayur with his stage

carriage KL 10/AB 9719. Seeking modification of the time schedule on the

premise that it will be beneficial to the traveling public, he has submitted

Ext.P1 request before the respondent. The only request is for expeditious

consideration of the same.

3. The learned Government Pleader submits that the request made

by the petitioner can be considered on a priority basis, and a decision can be

taken within 3 months.

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 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 IAP

APPENDIX OF WP(C) 2749/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 10.1.2023

RESPONDENTS' EXHIBITS:

NIL