Citation : 2023 Latest Caselaw 2745 Ker
Judgement Date : 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 6928 OF 2023
PETITIONER:
ASEEM. J.S
AGED 40 YEARS
S/O. SULAIMAN. K, ASEEM MANZIL, BLOCK NO. 2,
MEERANVETTIKKARAIKKAKAM PERINGAMMALA P.O,
THENNOOR, THIRUVANANTHAPURAM DISTRICT,,
PIN - 695563
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
NAVJYOTH S.
ANJU R S.
ANTONY THOMAS
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY
OFFICE OF THE REGIONAL TRANSPORT AUTHORITY,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695101
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE
REGIONAL TRANSPORT AUTHORITY, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
SMT DEEPA V, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 6928 of 2023 2
JUDGMENT
This writ petition is filed seeking the following reliefs:
i)To issue a writ of mandamus or other appropriate writ, or order directing the 1st respondent to consider and pass orders on Ext.P4 representation or within such time as this Hon'ble Court may deem just and proper in the interest of justice.
ii) To issue a writ of mandamus directing the 2nd respondent to convene a fresh settlement of timings to revise the entire time of the petitioner's stage carrier.
2. Sri. P.V Anoop, the learned counsel appearing for the petitioner,
submits that Ext.P4 request has been submitted by the petitioner for
rescheduling the entire timings of the vehicle bearing registration No.KL-32
1143. However, the same was not considered in accordance with law. His
prayer for expeditious consideration of the same.
3. The learned Government Pleader submits that if Ext.P4 is in
order and is pending, appropriate decision shall be taken in accordance with
law.
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 1st respondent to take up,
consider and pass appropriate orders on Ext.P4 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) 6928/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH THE PROPOSED TIMINGS OF THE ABOVE MENTIONED VEHICLE DATED 15.03.2022
Exhibit P2 TRUE COPY OF THE PROCEEDING OF THE 2ND RESPONDENT ALONG WITH THE ENQUIRY REPORT ON APPLICATION FOR VARIATION OF PERMIT, DATED 05.04.2022
Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 30.09.2022
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED NIL
RESPONDENTS' NIL EXHIBITS:
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