IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 966 of 2010(U)
1. JITHENDRAN, S/O.DAMODHARAN NAIR
... Petitioner
Vs
1. THE SECRETARY
... Respondent
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/01/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 966 OF 2010
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Dated this the 12thday of January, 2010
J U D G M E N T
The petitioner is a stage carriage operator operating on the
route Koyilandy-Thamarassery. Aggrieved by the timings set out in
Ext.P1 order, the petitioner has filed Ext.P2 petition dated
30.11.2009 before the respondent. The grievance voiced by the
petitioner is that, till date, orders have not been passed thereon. In
this writ petition, the petitioner seeks a direction to the respondent to
consider Ext.P2 petition and pass orders thereon within a time limit
to be fixed by this Court.
2. Sri. K.C.Santhosh Kumar, the learned senior Government
Pleader appearing for the respondent submits that as Ext.P2
representation was filed only on 30.11.2009, it cannot be said that
there has been undue delay in passing orders on the said petition.
He further submits that notwithstanding that fact, the petitioner has
rushed to this Court immediately after filing a petition for revision of
timings. He also submits that the respondent will consider Ext.P2
and take a decision thereon at the earliest.
W.P.(C) No. 966/2010
2
3. Ext.P2 discloses that the petitioner has sought revision of
the timings fixed as per Ext.P1 in view of the frequent movement of
trains from Kozhikode towards Mangalore as a result of which traffic
is held up at Bappangode railway gate through which the petitioner’s
bus passes. In view of the reason put forward by the petitioner in
Ext.P2 representation to reconsider Ext.P1, I am of the opinion that
the respondent should consider Ext.P2 and pass orders thereon
expeditiously. I accordingly dispose of this writ petition with a
direction to the respondent to consider the request made by the
petitioner in Ext.P2 and take a decision thereon expeditiously and in
any event within two months from the date on which the petitioner
produces a certified copy of this judgment before him. The
respondent shall before passing orders on Ext.P2 afford the
petitioner and other operators, who will be effected by the outcome of
Ext.P2, a reasonable opportunity of being heard.
P.N.RAVINDRAN, JUDGE
vps