High Court Kerala High Court

P.C.Varghese vs The Regional Transport Officer … on 15 January, 2010

Kerala High Court
P.C.Varghese vs The Regional Transport Officer … on 15 January, 2010
       

  

  

 
 
  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.

—————————————-
W.P.(C) No.1375 of 2010 – V

—————————————-
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