WP(C) NO. 29404 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
WP(C) NO. 29404 OF 2022
PETITIONER/S:
RAJEEV K V
S/O. KUNHIRAMAN NAMBIAR, DEVAKI MANDIRAM, MANIYOOR,
CHATTUKAPPARA, KANNUR DISTRICT.
BY ADV O.D.SIVADAS
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, KANNUR, PIN- 670 001.
SR.G.P SRI. V.K SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29404 OF 2022
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JUDGMENT
The petitioner has approached this Court seeking directions to the respondent to consider Ext.P2 request for revision of the existing timings of the service after hearing the petitioner and other operators.
2. Petitioner is a permit holder of stage carriage bearing No.KL 59/K 1111 on the route Uruvachal-Kuthuparamba-Kannur- Kozhikode, which is valid till 29.12.2026, Ext.P1. The timing of the petitioner's service has already been settled and allotted vide order dated 27.7.2010. As per the existing timing, the petitioner is experiencing great difficulties in conducting the service as the time schedule was allotted long time back and there have been a change in the timings owing to the closure of two railway gages and therefore, he is not in a position to conduct service adhering to the timings. In this regard had submitted a request dated 16.6.2022 to the Secretary, Regional Transport Authority, Kannur, which is permissible as per Rule 212 of the Kerala Motor Vehicles Rules, 1959, Ext.P2.
3. Issue notice before admission. Government accepts notice and submits that the application of such nature are to be decided by a timing conference headed by the Secretary, RTA and WP(C) NO. 29404 OF 2022 3 numerous applications of various routes are pending and it is not expedient to decide the application as and when submitted by the parties but sincere and concerted efforts are being made to dispose of all the application within a reasonable time.
Without expressing any opinion on the merits of the matter, I dispose of the writ petition by issuing directions to the respondent to take a call on the application of the petitioner and all other affected parties, in respect of the route referred to above for variation in the time schedule and many other persons of similar kind as far back as in 2010, as expeditiously as possible, preferably within a period of three months from the date of receipt of a certified copy of this judgment, in accordance with law.
SD/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 29404 OF 2022
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APPENDIX OF WP(C) 29404/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED
TO THE PETITIONER BY THE RESPONDENT.
Exhibit P2 A TRUE COPY OF THE REQUEST DATED
16.06.2022 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT WITH TRANSLATION.