Denny Stephen vs The Secretary
2023 Latest Caselaw 7172 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
        FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                        WP(C) NO. 18601 OF 2023
PETITIONER/S:

           DENNY STEPHEN,
           AGED 31 YEARS
           S/O T.M STEPHEN, THOMIKUZHIYIL HOUSE, PUTHUVELY P.O,
           VELIYANNOOR,KOTTAYAM, PIN - 686636

           BY ADV ANUMOD B.NAIR



RESPONDENT/S:

    1      THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY, KOTTAYAM COLLECTORATE,
           KOTTAYAM, PIN - 686002

    2      NAISAM KHAN T.S
           S/O SHANAVAS YASEEM KHAN, THUMPUR HOUSE, VAIPUR P.O.,
           PATHANAMTHITTA- 689588. (ADDL R2 IMPLEADED AS PER ORDER
           DATED 21/6/2023 IN IA/1/2023 IN WP(C) 18601/23)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18601 OF 2023
                                2


                          JUDGMENT

The writ petition is filed to direct the 1 st

respondent to consider and dispose of Ext.P1

application submitted by the petitioner for modification

of the time schedule in respect of the stage carriage

vehicle bearing registration No.KL16/A-5002 on the

route Uzhavoor-Erattupetta, expeditiously.

2. The petitioner's case is that he is an existing

operator of a stage carriage vehicle on the above route.

He has preferred Ext.P1 application seeking for a slight

modification in the timings in order to make it feasible

and convenient for the public at large. Although the

application was submitted on 25.05.2023, the same is

pending consideration before the 1st respondent. Hence,

the writ petition.

3. The 2nd respondent has filed a counter affidavit

denying the allegations in the writ petition. He has

contended that there is no necessity to change the

timings of the petitioner's vehicle. He has submitted WP(C) NO. 18601 OF 2023

Ext.R2(c) objection before the 1st respondent opposing

Ext.P1 application. He prays the writ petition may be

dismissed.

4. Heard; Sri.Anumod B.Nair, the learned Counsel

appearing for the petitioner, the learned Government

Pleader appearing for the 1st respondent and Sri.Dinesh

Menon, the learned Counsel appearing for the 2 nd

respondent.

Having considered the pleadings and materials on

record and taking note of the contentions raised on

either side, I am inclined to dispose of the writ petition

in the following manner:

(i) The 1st respondent is directed to consider

and dispose of Ext.P1 application after

adverting to Ext.R2(c) objection filed by

the 2nd respondent in accordance with law,

as expeditiously as possible, at any rate

within a period of three months from the WP(C) NO. 18601 OF 2023

date of receipt of a certified copy of this

judgment after affording the petitioner

and the 2nd respondent an opportunity of

being heard.

Sd/-

C.S.DIAS JUDGE rkc/23.06.23 WP(C) NO. 18601 OF 2023

APPENDIX OF WP(C) 18601/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.5.2023

RESPONDENTS' EXHIBITS

Exhibit R2[a] A TRUE COPY OF THE REGULAR PERMIT ISSUED DATED 3.5.2023

Exhibit R2[b] TRUE COPY OF THE TIMINGS ISSUED IN RESPECT OF THE BASIC VEHICLE KL-05 P 2187 DATED 01.10.2013

Exhibit R2[c] A TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DATED 9.6.2023