High Court of KeralaWP(C)/35419/2014disposed of

P.Gangadharan v. Secretary

2014-12-30Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 WP(C).No. 35419 of 2014 (B) ---------------------------- PETITIONERS:

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1. P.GANGADHARAN, KARAKKOTU PURA, THEKKANKUNNAM, KOTTEKKAD P.O. PIN-678732, PALAKKAD.

2. P.SOMAN, KARAKOTTU PURA, THEKKANKUNNAM, KOTTEKKAD P.O.

PIN-678732, PALAKKAD.

BY ADVS.SRI.P.SANTHOSH KUMAR SRI.T.P.SAJAN RESPONDENTS:

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1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD.

2. K.S.SENTHIL ARASU 7/187(1), SAI SADHAN, KOPPAM PALAKKAD, PIN-678001.

R BY GOVERNMENT PLEADER, SMT.SHERIN.C.K.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35419 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE TIME SCHEDULE OF THE FIRST PETITIONER'S VEHICLE KL-13 J 691.

EXHIBIT P2- TRUE COPY OF THE TIME SCHEDULE OF THE 2ND RESPONDENT VEHICLE (OLD VEHICLE KL-10-9500).

EXHIBIT P3- TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT SHOWING THE TIME SCHEDULE OF THE 2ND RESPONDENT VEHICLE KL-9 M 7454.

EXHIBIT P4- TRUE COPY OF THE REPRESENTATION DATED 25-10-2014 SUBMITTED BY THE FIRST PETITIONER.

EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 25-10-2014 SUBMITTED BY THE 2ND PETITIONER.

RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// PA TO JUDGE

ANIL K. NARENDRAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35419 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2014

JUDGMENT

The petitioners are regular stage carriage operators. The first petitioner is operating regular service on the route Padalikkad - Palakkad - Kannanore with the vehicle KL13-J 691 and the second petitioner is operating on the route Padalikkad - Palakkad - Venoli - Thachamkad with the vehicle KL13-J 379. They are operating services with a settled set of timings for the last several years without creating time clashes with any other services. The second respondent was operating a regular service on the route Palakkad - Kottekad with his vehicle KL-09-M 7454 with a settled set of timings. Subsequently, he was granted with a variation of route extending two kilometers from Kottekad to Padalikkad with trips Palakkad - Malampuzha via Chunnambuthara, Olavakkod and Akaththethara.

2. The grievance of the petitioners is that after the variation of the route, the timing slots allotted to the third respondent has resulted in acute time clash with the service operated by the

W.P.(C)No.35419 OF 2014 : 2 :

petitioners creating unhealthy competition and financial crisis. Petitioners filed Exts.P4 and P5 representations before the first respondent for redressal of their grievance. It is seeking disposal of the said representations, petitioners are before this Court in this writ petition.

3. Heard the arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the first respondent.

In the facts and circumstances of the case, this writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Exts.P4 and P5 representations submitted by the petitioners to settle the timings, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner and the second respondent.

Sd/- ANIL K. NARENDRAN, Judge jes