Kerala High Court

WP(C)/42106/2017 of AUGUSTINE Vs THE SECRETARY on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 42106 of 2017 (K) ---------------------------- PETITIONER: ----------- AUGUSTINE, S/O AUGUSTHY,MUKKADAYIL HOUSE, VELLAPPADU, PALA. BY ADV.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

WP(C).No. 42106 of 2017 (K)

----------------------------

PETITIONER:-----------

AUGUSTINE, S/O AUGUSTHY,MUKKADAYIL HOUSE, VELLAPPADU, PALA.

BY ADV. SRI.I.DINESH MENON

RESPONDENT:

-----------

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM 686 602.

BY GOVERNMENT PLEADER SMT. A.C. VIDHYA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Hr....

WP(C).No. 42106 of 2017 (N) --------------------------- APPENDIX

PETITIONER EXHIBITS-------------------EXHIBIT P1TRUE COPY OF THE PERMIT OF THE PETITIONER.EXHIBIT P2TRUE COPY OF THE PROCEEDINGS DATED 04-01-2001.EXHIBIT P3TRUE COPY OF THE PROCEEDINGS DATED 01-01-2008.EXHIBIT P4TRUE COPY OF THE REQUEST DATED 30-08-2017.EXHIBIT P5TRUE COPY OF THE REQUEST DATED 30-11-2017.

RESPONDENT(S)' EXHIBITS----------------------- NIL

// TRUE COPY// P.A TO JUDGE.

Hr....

Devan Ramachandran, J.

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W.P.(C) No.42106 of 2017

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Dated this the 29[th] day of December, 2017

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JUDGMENT

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The petitioner claims to be the holder of a regularpermit on the route Thodupuzha-Kottayam with respect tohis vehicle bearing registration No.KL-38 F 1761.According to him, because of severe clash of timing withthe other operators, he had earlier requested that hisdeparture time be modified to be 9.48 A.M. from Pala andthat necessary orders were also issued. He, however, nowsays that this is also causing great inconvenience and hewants to go back to the old slot of departure at 9.50 A.M.from Pala. According to him, he has, therefore, preferredExt.P5 request before the respondent and his grievance inthis writ petition is that the same has not been considered.

2. I have heard the learned counsel appearing for W.P(C).42106/17 :2:

the petitioner Shri I. Dinesh Menon, and the learnedGovernment Pleader appearing on behalf of the respondent.

3. The learned Government Pleader says that thereis no legal impediment in consideration of Ext.P5 request ofthe petitioner but she adds that this can be done only if allthe other factors are found to be conducive.

4. I find sufficient force in the submission of thelearned Government Pleader and I am of the view that therequest of the petitioner, voiced through Ext.P5, can beordered to be considered by the respondent in terms of law.For such reason, I order this writ petition directing therespondent to take up Ext.P5 request and to consider thesame, after affording an opportunity of being heard to thepetitioner and to pass appropriate orders in terms of lawand only if all the relevant factors are conducive for suchchange, in terms of the applicable Act and Rules. Thisexercise shall be completed by the respondent asexpeditiously as possible, but not later than one month from W.P(C).42106/17 :3:

the date of receipt of a copy of this judgment. Needless tosay, if a decision is taken in favour of the petitioner,consequential orders will be passed by the respondentwithout any further delay.

This writ petition is thus ordered.

Sd/-Devan Ramachandran,Judge

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