IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27325 of 2010(M)
1. P.KUNHEEVI MOIDEEN KOYA,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.PRASAD CHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :13/09/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)No. 27325 OF 2010
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Dated this the 13th day of September, 2010
J U D G M E N T
The petitioner is an existing stage carriage operator
on the route Koottalida – Kurumpoyil – Balussery – Cheekilodu
via Manhapalam, Poonath, Kannadipoyil, Arapeedika and
Nanminda. Timings with respect to his stage carriage No. KL-
13/J 6965, were settled as per Ext.P1. Thereafter the
petitioner has submitted Ext.P2 application for revision of
timings settled as per Ext.P1. The contention of the petitioner
is that on receipt of such an application, the respondent is
bound to take a decision thereon after following procedures
prescribed under Rule 2(12) of the Kerala Motor Vehicle
Rules. However, despite the receipt of Ext.P2 application, no
action has been taken thereon by the respondent, it is
contended.
2. I have heard the learned Government Pleader as well.
The factum of receipt of Ext.P2 application is not disputed.
Therefore, the respondent is bound to pass orders on Ext.P2 in
accordance with the provisions as Ext.P2 is an application
WPC.No.27325/2010
: 2 :
filed under Rule 145(7) of Kerala Motor Vehicle Rules.
Therefore, this writ petition is disposed of with a direction to
the respondent to consider and pass orders on Ext.P2 in
accordance with law with notice to the petitioner and other
operators who are likely to be affected in case of revision of
timings in respect of the aforesaid stage carriage. This shall
be done within a period of two months from the date of receipt
of a copy of this judgment.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma
//true copy//
P.A to Judge