Vinod Kumar V. M vs The Secretary
2023 Latest Caselaw 11023 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                      WP(C) NO. 35220 OF 2023
PETITIONER:

          VINOD KUMAR V. M.,
          AGED 42 YEARS,S/O, MADANAN,
          KURIYIDATHU HOUSE, PERUVA P. O.,
          VADUKUNNAPUZHA, KOTTAYAM, PIN - 686610.

          BY ADV.
             SRI. I. DINESH MENON


RESPONDENT:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION P.O., KOTTAYAM, PIN - 686003.

          BY ADV.
             SRI. JOBY JOSEPH - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
       WP(C) NO. 35220 OF 2023

                                    2


                     DINESH KUMAR SINGH, J.
                         --------------------------
                     W.P.(C) No.35220 of 2023
                           -------------------------
               Dated this the 26th day of October, 2023

                                JUDGMENT

1. The present writ petition is filed seeking a writ of mandamus

directing the respondent to pass an order on Exhibit P-3 request of

the petitioner for revision of timing in respect of his stage carriage

bearing No.KL 44 G 1494 operating on the route Kaipuzhamuttu -

Muvattupuzha. Exhibit P1 is the regular permit issued to the

petitioner in respect of the aforesaid stage carriage.

2. The ground on which the application has been filed that a lot

of new services have been introduced on the route and this is

affecting the petitioner's business badly. Exhibit P-3 is the

application submitted by the petitioner on 05.10.2023. However, till

the date no decision has been taken by the respondent.

3. The Learned Government Pleader submits that necessary

decision will be taken on the application of the petitioner in

accordance with the law after affording an opportunity of hearing

to all affected parties.

WP(C) NO. 35220 OF 2023

4. Considering the said stand of the learned Government

Pleader, the present writ petition stands finally disposed of with a

direction to the respondent to consider petitioner's Exhibit P-3

request in accordance with the law, within a period of two months

and pass necessary orders.

Sd/-

DINESH KUMAR SING JUDGE Svn WP(C) NO. 35220 OF 2023

APPENDIX OF WP(C) 35220/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER ON THE ROUTE KAIPUZHAMUTTU - MUVATTUPUZHA IN RESPECT OF KL 44 G 1494 DATED 15.12.2021

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY RTA ISSUING TIMINGS TO THE PETITIONER'S SERVICE KL 17 B 8062 VIDE ORDER NO.

J3/1494/2022/K DATED 09.06.2022

EXHIBIT P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 05.10.2023

EXHIBIT P4 A TRUE COPY OF ONE OF SUCH JUDGMENT IN WP[C] NO.29445/2023 DATED 08.09.2023