IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1375 of 2010(V)
1. P.C.VARGHESE, PALLICHAMPARAMBIL,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER CUM
... Respondent
For Petitioner :SRI.G.PRABHAKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/01/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.1375 of 2010 – V
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Dated 15th January, 2010
Judgment
The petitioner is a stage carriage operator operating a
stage carriage on the route Arthunkal-Cherthala-
Thavanakkadavu-Aroor Temple. The timings of the service
were settled way back on 22.3.2005. It is stated that due to
change in circumstances, the petitioner has filed Ext.P1
application dated 16.11.2009 before the Regional Transport
Officer, Alappuzha who is also the Secretary of the Regional
Transport Authority, Alappuzha seeking revision of timings.
The grievance voiced by the petitioner in this writ petition is
that though more than two months have passed after Ext.P1
application was submitted, the Secretary, Regional Transport
Authority, Alappuzha has not considered the said application
and orders passed thereon. In this writ petition, the petitioner
seeks a direction to the Secretary, Regional Transport
Authority, Alappuzha to consider Ext.P1 application and pass
orders thereon within a time limit to be fixed by this Court.
W.P.(C) No.1375/2010 2
2. Sri.K.C.Santhosh Kumar, the learned Senior
Government Pleader appearing for the respondent submits that
apart from merely alleging that Ext.P1 application dated
16.11.2009 has been submitted before the respondent, the
petitioner has not produced any evidence to show that Ext.P1
has been received by the respondent. He submits that in such
circumstances, the only direction that can be issued by this
Court is to dispose of this writ petition with a direction to the
respondent to consider Ext.P1 application if as on today it has
been received and is pending with the respondent.
3. The learned Senior Government Pleader appearing for
the respondent is right in his submission that the petitioner
has not produced any material to show that Ext.P1 application
has been actually received and is pending with the respondent.
However, in the light of the submission made by the learned
Senior Government Pleader that if as on today Ext.P1
application has been received and is pending with the
respondent, the respondent will consider the same and pass
orders thereon, I dispose of this writ petition with a direction
W.P.(C) No.1375/2010 3
to the Secretary, Regional Transport Authority, Alappuzha to
consider Ext.P1 application and pass orders thereon
expeditiously and in any event within one month from the date
on which the petitioner produces a certified copy of this
judgment before him if as on today he has received the
original of Ext.P1 application, the same is pending and has not
been disposed of till date. The respondent shall before passing
orders as directed above afford the petitioner and the other
stage carriage operators who will be affected by the change in
timings, a reasonable opportunity of being heard and
communicate a copy of the order to the parties expeditiously.
P.N.RAVINDRAN
Judge
vaa