High Court Kerala High Court

Soudha Rahim vs The Secretary on 25 January, 2011

Kerala High Court
Soudha Rahim vs The Secretary on 25 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2435 of 2011(D)


1. SOUDHA RAHIM, 21/1339, KOPIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, REGIONAL TRANSPORT
                       ...       Respondent

                For Petitioner  :SRI.PRASAD CHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :25/01/2011

 O R D E R
                        P.N. RAVINDRAN, J.
                     -------------------------------
                     W.P.(C) No.2435 of 2011
                     -------------------------------
           Dated this the 25th day of January, 2011

                           J U D G M E N T

The petitioner is operating a stage carriage on the route

Fort Kochi – W.Island. The time schedule in respect of the said stage

carriage was settled in the year 2002, when the permit was originally

granted. The petitioner has in view of the change in circumstances,

including introduction of other services on the same route or sectors

thereof, submitted Ext.P2 application dated 28.9.2010 before the

respondent for revision of the time schedule. The grievance voiced by

the petitioner is that though more than three months have passed

after Ext.P2 application was submitted, till date, orders have not been

passed thereon. In this writ petition, the petitioner seeks a direction

to the respondent to consider the request in Ext.P2 and take an

appropriate decision thereon within a time limit to be fixed by this

Court.

2. Sri.Basant Balaji, the learned Government Pleader

appearing for the respondent submits that if Ext.P2 application has

been received and is pending, the respondent will consider the same

and take an expeditious decision thereon, in accordance with law,

after notice to the other existing operators.

W.P.(C) No.2435/2011

2

In the light of the said submission and having regard to

the fact that more than three months have passed after Ext.P2

application was submitted, I dispose of this writ petition with a

direction to the respondent to consider Ext.P2 application and take an

appropriate decision thereon in accordance with law, if it has been

received and is pending, expeditiously and in any event within two

months from the date on which the petitioner produces a certified

copy of this judgment before him, after notice to the petitioner and

other stage carriage operators who will be affected by the change of

timings sought by the petitioner.

P.N. RAVINDRAN,
JUDGE.

nj.