High Court Kerala High Court

Mohanan.K.K. vs Regional Transport Officer on 3 March, 2010

Kerala High Court
Mohanan.K.K. vs Regional Transport Officer on 3 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6851 of 2010(F)


1. MOHANAN.K.K., KOMBATH HOUSE,
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER, THRISSUR.
                       ...       Respondent

                For Petitioner  :SRI.M.A.FAYAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :03/03/2010

 O R D E R
                         K. SURENDRA MOHAN, J.
                ------------------------------------------------------------
                      W.P(C) NO: 6851 OF 2010 F
                -----------------------------------------------------------
                    Dated this the 3rd March, 2010.

                                    JUDGMENT

The petitioner is a stage carriage operator conducting services

on the route Guruvayoor-Ernakulam on the strength of a regular

permit with vehicle No: KL-8-G-2163. The above route is a long

distance route and according to the petitioner all the other

operators on the route are conducting service with a running time

of 1.5 minute per kilometre. However, the petitioner has been

allotted a running time of 2 minutes per kilometre. The petitioner

complains that commuters avoid his services for the reason that

even services that commence operations after him overtake him

taking advantage of the lesser running time allotted to them and

reach the destination earlier. The petitioner has submitted a

request for rectifying the anomaly and for ensuring parity of

running time with the other services. He has also submitted a set

of proposed timings. The petitioner complains that no orders have

been passed on his request so far.

2. It is further submitted by the counsel for the petitioner

that a similar request of another operator was rejected by the

respondent but that the rejection has been set aside by the State

WPC 6851/2010 2

Transport Appellate Tribunal (STAT) in M.V.R.P.No:181/2009 on

26.10.2009. The Govt. Pleader assures that orders would be

passed on the petitioner’s request without further delay.

3. In the above circumstances this writ petition is disposed of

directing the respondent to consider the request of the petitioner

evidenced herein by Ext.P3 and to pass appropriate orders thereon

in accordance with law, as expeditiously as possible and at any rate

within a period of two months from the date of receipt of a copy of

this judgment, taking into account the judgment of the STAT also.

The respondents shall before passing orders as above afford an

opportunity of being heard to other interested parties also.





                                          K. SURENDRA MOHAN
                                                   Judge
jj

WPC 6851/2010    3

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: