Sunil Kumar.M.R vs The Secretary
2023 Latest Caselaw 2986 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. 8473 OF 2023


PETITIONER:

         SUNIL KUMAR.M.R.
         S/O RAJAN, SOPANAM, PUTHENKULAM P.O.,
         GUNDARAPURAM, KOLLAM, PIN - 691302

         BY ADV PRASAD CHANDRAN


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY, KOLLAM, OFFICE OF THE
         REGIONAL TRANSPORT OFFICER, CIVIL STATION KOLLAM,
         PIN - 691001


         SMT AMMINIKUTTY, SR GOVERNMENT PLEADER



  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. 8473 of 2023                        2




                                        JUDGMENT

The petitioner states that he is an existing Stage Carriage operator

operating service on the route Kattuputhussery-Paripally using stage carriage

bearing Reg. No. KL-03/R 1330. He has approached this Court seeking the

following relief:

i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to settle the timings of the service of the respondent by considering Exhibit P2 request for revision of timings in the timing conference after affording the petitioner and other affected operator's if any on the route by providing equitable time gap and avoid the clash and competition within a time limit in the interest of justice forthwith.

2. Heard Sri. Prasad Chandran, the learned counsel appearing for the

petitioner and Smt.Amminikutty, the learned Senior Government Pleader.

3. The learned Government Pleader submits that Ext.P2

representation for revision of timings can be taken up and disposed of within

three months on seniority basis.

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 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 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 on a first come, first go

basis 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) 8473/2023

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE TIMING OF THE SERVICE ISSUED BY THE RESPONDENT 08.08.2019

Exhibit P2 A TRUE COPY OF THE REPRESENTATION FOR REVISION OF TIMINGS SUBMITTED BY THE PETITIONER DATED 17.02.2023

RESPONDENTS' NIL EXHIBITS: