IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 1375 of 2010(V) -------------------------------------- PETITIONER(S): ----------------------- P.C.VARGHESE, PALLICHAMPARAMBIL, CMC 24, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. MR.G.PRABHAKARAN RESPONDENT(S): ------------------------- THE REGIONAL TRANSPORT OFFICER CUM SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA. BY SR. GOVT. PLEADER MR.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss 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