IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No.4937 of 2008(S) ---------------------------------------------------- PETITIONER:- ------------------ VELLOORKONAM POWRA SAMITHI, VELLOORKONAM, NAVAIKULAM P.O., TRIVANDRUM DISTRICT REPRESENTED BY ITS SECRETARY, V.SREEDHARAN, AGED 68 YEARS, S/O.VELAYUDHAN, LIJI NIVAS, VELLOORKONAM, NAVAIKULAM. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.MUHAMMED RASHID RESPONDENTS:- ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001. 2. TRANSPORT COMMISSIONER, OFFICE OF THE STATE TRANSPORT COMMISSIONER, PRANCE TOWER, VAZHUTHACAUD, TRIVANDRUM 695 014. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM 695 014. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.4937 of 2008-S ------------------------------------------------------- Dated, this the 15th day of February, 2008 JUDGMENT H.L.Dattu, C.J. Smt.K.Meera, learned Government Pleader is directed to take notice for respondents 1 to 3. (2). The petitioner association appears to be an association to espouse the cause of the poor and downtrodden people residing in Navaikulam Grama Panchayath. The association is before us seeking the following reliefs: “(i). To call for the records relating to Exts.P1 to P3 and to issue a writ of mandamus commanding the respondents to take all measures to prevent the unauthorised illegal plying of vehicles like Tempo, Tractor, Mini Bus, etc. used for transportation of passengers and goods touching Velloorkonam Panchayat area and parts of Trivandrum District and to arrest the drivers and other crew members and also to take in custody of all such vehicles used without having any permit and also not complying with the statutory prescriptions for carrying passengers. (ii). To issue a writ of mandamus commanding the respondents 1 to 3 to consider and pass orders in Exts.P1, P2 and P3.” WPC No.4937/2008 -2- (3). Even before approaching this Court, the association has made Ext.P2 representation before the Transport Commissioner. In our opinion, the responsible respondent ought to have considered that representation and passed appropriate orders. Since that has not been done, in our opinion, if a direction is issued to the second respondent to consider Ext.P2 representation filed by the petitioner association, no prejudice would be caused to any one of the parties. Therefore, while disposing of the writ petition, we direct the second respondent to consider Ext.P2 representation in accordance with law as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this order. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS