P.M. George vs The Secretary
2023 Latest Caselaw 63 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         WP(C) NO. 484 OF 2023
PETITIONER:

             P.M. GEORGE
             AGED 47 YEARS
             SON OF MATHEW, PALAKUNNEL HOUSE, THODUPUZHA,
             IDUKKI DISTRICT., PIN - 685564
             BY ADV I.DINESH MENON

RESPONDENTS:

      1      THE SECRETARY
             THE REGIONAL TRANSPORT AUTHORITY,
             REGIONAL TRANSPORT OFFICE,
             CIVIL STATION P.O., IDUKKI., PIN - 685603
      2      THE SECRETARY
             REGIONAL TRANSPORT AUTHORITY,
             REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
             MUVATTUPUZHA., PIN - 686661
             SRI.SUNIL KURIAKOSE, SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.484/2023

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                     W.P.(C).No.484 of 2023
             ----------------------------------------------
           Dated this the 06th day of January, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or such other writs, order or direction, commanding the respondents to consider Ext.P3 request for retaining the existing running time of 50 minutes to operate between Muvattupuzha Market Bus Stand and Thodupuzha Municipal Bus Stand Secretary, within a time frame as this Honorable Court may deem fit and proper.

ii. To grant such other reliefs as this Honorable Court may deem fit and proper.

(SIC)

2. Petitioner is an existing operator conducting service

on the route Thodupuzha - Muvattupuzha in respect of stage

carriage bearing registration No.KL-17/K-1314, subsequently

replaced by stage carriage bearing No.KL-38/H-8899. The

petitioner submitted that one of the termini is mentioned as

Thodupuzha, the permit commenced from Muvattupuzha WP(C).No.484/2023

Market Bus Stand. This is by virtue of Section 72 of the Motor

Vehicles Act, where a bus stand is maintained by the Local

Authority, the same is compulsorily touch by every bus

operators. The petitioner submitted that it is reliably

understood that the running to operate between Thodupuzha

and Muvattupuzha is going to be revised. Hence the

petitioner submitted Ext.P3 request to retain the running time

of 50 minutes as the roads have considerably improved since

the time when permit was issued earlier. The limited prayer in

the writ petition is to consider Ext.P3.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I am of the opinion that

there can be a direction to consider and pass appropriate

orders in Ext.P3.

Therefore, this writ petition is disposed of in the

following manner:

1. The respondents are directed to consider and

pass appropriate orders in Ext.P3, after

affording an opportunity of hearing to the

petitioner and other affected parties, as WP(C).No.484/2023

expeditiously as possible, at any rate, within one

month from the date of receipt of a copy of this

judgment.

2. I make it clear that I have not considered the

matter on merit and the respondents are free to

pass appropriate orders in accordance to law.

Sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 WP(C).No.484/2023





                    APPENDIX OF WP(C) 484/2023

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE PERMIT

NO.KL1717/49/1997 ISSUED TO THE PETITIONER DATED 30.4.2021.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO THE PETITIONER'S SERVICE IN RESPECT OF THE BASIC VEHICLE KL 17 K 1314 HAVING NO.C6/56786/2016/EM DATED 6.2.2017.

Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 27.12.2022.