Citation : 2023 Latest Caselaw 2042 Ker
Judgement Date : 3 February, 2023
WP(C) NO. 2266 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. 2266 OF 2023
PETITIONER:
ABDUL MAJEED
AGED 55 YEARS
S/O. AMINA, EDAPATTA HOUSE, KOTTAKUNNU,
VALIYAPARAMBU, PORUR P.O., MALAPPURAM DISTRICT,
PIN - 679339
BY ADV SAJU J.VALLYARA
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
MALAPPURAM, CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676505
SMT DEEPA V, 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. 2266 OF 2023 2
JUDGMENT
This writ petition is filed seeking the following reliefs:
i) issue a writ of mandamus or any other appropriate writ, direction
or order directing the respondent to consider Exhibit P2 request for
revision of timings in respect of stage carriage, KL-10 X 7338
operating on the route Perinthalmanna-Pattakarimba, within a
reasonable time limit to be fixed by this Honourable Court.
2. The petitioner states that he is the registered owner of a stage
carriage bearing Registration No. KL-10 X 7338 covered by a regular permit.
Seeking to revise his own timings on the premise that it will be beneficial to
the traveling public, he has submitted Ext.P2 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 P2 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) 2266/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT NO.KL1010/51000/2006 ISSUED TO PETITIONER'S STAGE CARRIAGE BEARING REGN. NO. KL-10-X- 7338 DATED 29.6.2021 BY THE RESPONDENT
Exhibit P2 TRUE COPY OF THE REQUEST SENT BY PETITIONER TO THE RESPONDENT DATED 23.6.2022
RESPONDENTS' EXHIBITS:
NIL
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