Suharabi vs The Secretary
2023 Latest Caselaw 2941 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                    WP(C) NO. 5606 OF 2023
PETITIONER:

          SUHARABI
          AGED 45 YEARS
          MONANGATTU HOUSE, THATTUMMAL P.O., CHERUPUZHA,   KANNUR,
          PIN - 670511.

          BY ADV I.DINESH MENON

RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, KASARAGOD, PIN - 671121.

          SRI.T R RENJITH, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 5606 of 2023                2




                                    JUDGMENT

The petitioner states that she is the registered owner of a stage

carriage bearing Registration No.KL-59-9134. She has approached this Court

seeking the following relief:-

(i) issue a writ of mandamus or such other writs, order or direction, directing the respondent to consider the plea of the petitioner for vacant timings of S/C KL-13-AJ-5998 within a time frame as this Hon'ble Court may deem fit and proper.

2. The learned Government Pleader, on instructions, submits that

three en route operators have filed objection to the request made by the

petitioner herein, and according to the learned Government Pleader, the

request made by the petitioner can be considered within three months after

hearing all sides.

3. 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 at

the admission stage itself 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 expeditiously

after affording an opportunity of being heard, either physically

or virtually, to the petitioner herein and the objectors.

b) 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 Sru

APPENDIX OF WP(C) 5606/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TIME SCHEDULE BY WHICH THE PETITIONER IS AT PRESENT OPERATING DATED 05.01.2022.

Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER FOR VACANT TIMINGS OF S/C KL-13-AJ-5998 DATED 11.01.2022.

Exhibit P3 THE TRUE COPY OF THE INFORMATION REGARDING THE VACANCY IS IN EXISTENCE OR NOT PROCURED UNDER THE RIGHT TO INFORMATION ACT DATED 31.10.2022.

Exhibit P4 THE TRUE COPY OF THE VACANT TIMINGS OF S/C KL-13-AJ-5998 DATED 21.01.2023.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS ISSUED BY SECRETARY R.T.A. KASARAGOD DATED 25.11.2022.

RESPONDENTS EXHIBITS : NIL