Musthafa T.K. vs The Secretary

P.N. Ravindran, J.—The Petitioner is operating a stage carriage on the route Kozhikode-Kannur (via) Thalassery, Vadakara and Koyilandy as Limited Stop Ordinary Service. The timings in respect of the said stage carriage were settled in the year 2002, when the permit was originally granted. The Petitioner has in view of the change in circumstances, including introduction of other services on the same route or sectors thereof, submitted Ext.P1 application dated 7.11.2010 before the Respondent for revision of timings. The grievance voiced by the Petitioner is that though more than onemonth has passed after Ext.P1 application was submitted, till date,orders have not been passed thereon. In this writ petition, thePetitioner seeks a direction to the Respondent to consider the requestin Ext.P1 and taken an appropriate decision thereon within a time limit to be fixed by this Court.

Sri. Basant Balaji, the learned Government Pleader appearing for the Respondent submits that if Ext.P1 application has been received and is pending, the Respondent will consider the same and take an expeditious decision thereon, in accordance with law, after notice to the other existing operators.

In the light of the said submission and having regard to the fact that more than one month has passed after Ext.P1 application was submitted, I dispose of this writ petition with a direction to the Respondent to consider Ext.P1 application and take an appropriate decision thereon in accordance with law, after notice to the Petitioner and other stage carriage operators who will be affected by the change of timings sought by the Petitioner expeditiously and in any event within two months from the date on which the Petitioner produces a certified copy of this judgment before him.