IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 1643 of 2011(E) ------------------------- PETITIONER(S): --------------- SHINCE P.JOSEPH, THAKIDIPURATH HOUSE, MELORAM P.O., IDUKKI. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------- REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, IDUKKI - 685 603. BY GOVT.PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.1643 of 2011 ------------------------------- Dated this the 25th day of January, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Chenganassery-Tookkupalam as limited stop ordinary service. The time schedule in respect of the said vehicle was settled when the permit was initially issued in July, 2010. The petitioner states that the time schedule in respect of his stage carriage was fixed with a running time of 2.5 minutes per kilometer for the entire route, while in respect of other limited stop ordinary services, the time schedule was fixed with a running time of 1.75 minutes or 2 minutes per kilometer. The petitioner has seeking a reduction of the running time filed Ext.P5 representation before the respondent. In this writ petition, the petitioner seeks expeditious disposal of Ext.P5 application relying on Exts.P3 and P4 orders passed by the respondent. 2. The question whether having regard to public interest and the safety of pedestrians and passengers, the request in Ext.P5 should be granted, is primarily a matter for the Secretary, Regional Transport Authority, Idukki to decide. While considering the request for reduction of running time, the said officer will have to take into account besides the time schedule given to other stage carriage operators operating on the route Chenganassery-Tookkupalam as W.P.(C) No.1643 of 2011 2 limited stop ordinary services, the frequent accidents involving stage carriages that occur in the State of Kerala leading to loss of life and damage to property. In such circumstances, it cannot be said that there has been undue delay on the part of the respondent in passing orders on Ext.P5. However, since the respondent has passed orders evidenced by Exts.P3 and P4, on similar applications pursuant to the directions of the State Transport Appellate Tribunal, I am of the opinion that the respondent should consider the request of the petitioner in Ext.P5 and take an appropriate decision in the matter. I accordingly dispose of the writ petition with a direction to the respondent to consider Ext.P5 application, in the light of the observations made above and take an appropriate decision thereon, within one month from today, after notice to the petitioner and the stage carriage operators who would be affected if the request made in Ext.P5 is granted. P.N. RAVINDRAN, JUDGE. nj.