IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 4908 of 2011(K) ------------------------- PETITIONER(S): --------------- MUHAMMED KOYA,EDAKKODEN HOUSE, KODANGAD, KONDOTTY, MALAPPURAM DIST BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY MALAPPURAM REP.BY ITS SECRETARY, PIN-676505 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM PIN-676505 BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 4908/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 17.1.2011 EXT.P2. COPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE APPLICATION DT. 17.1.2011 TRUE COPY PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 4908 OF 2011 -------------------------- Dated this the 19th day of April, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage service on the route Palakkad-Kozhikode touching Manjeri as a limited stop ordinary service. With a view to convert the service as a limited stop fast passenger service with the existing set of timings, the petitioner submitted Ext.P1 application dated 17.1.2011 accompanied by Ext.P2 representation of even date. This writ petition is filed aggrieved by the delay on the part of the respondents in considering the said applications and passing orders thereon. The petitioner contends that as the distance between Palakkad and Kozhikode is 150 Kms, the petitioner can operate the service only as a limited stop fast passenger service and therefore he is entitled to the conversion sought. 2. The respondents have been served and have entered appearance through the learned Government Pleader. Shorn of details, the grievance voiced by the petitioner is that though nearly three months have passed after Exts.P1 and P2 applications were submitted seeking conversion of the service from limited stop WPC No.4908/2011 2 ordinary service to limited stop fast passenger service, till date, the respondents have not taken any decision in the matter. 3. The question whether having regard to the terms of rule 2 (ea) of the Kerala Motor Vehicles Rules, the petitioner's request should be granted or not is primarily a matter for the respondents to decide. The pleadings disclose that more than three months have passed after Exts.P1 and P2 applications were submitted by the petitioner. In such circumstances, I am of the opinion that the competent authority among the respondents should consider the applications and take an appropriate decision thereon expeditiously. I accordingly dispose of the writ petition with a direction to the competent authority among the respondents to consider Exts.P1 and P2 applications and take an appropriate decision thereon expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before the second respondent. P.N.RAVINDRAN, (JUDGE) vps