Kerala High Court
Adarsh.B vs The Secretary, Regional Transport ... on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14070 OF 2024
PETITIONER:
ADARSH.B
AGED 31 YEARS
S/O. BABURAJAN PILLAI, ADARSH BHAVAN,
MUTTARA.P.O., ODANAVATTAM,
KOLLAM DISTRICT., PIN - 691512
BY ADV O.D.SIVADAS
RESPONDENT
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KOLLAM.,
PIN - 691001
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14070 Of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024 The petitioner is an existing Operator conducting Stage Carriage service on the route Abalamkunnu-Anchal PBS. Permit is issued in respect of Stage Carriage bearing No.KL-16D-3009. The petitioner is operating the service on the basis of the timings allotted on 06.02.2024.
2. After settlement of timing, now, the KSRTC started services on same sector just ahead of the petitioner's service from 1.03.2024 onwards and thereby the petitioner is not in a position to conduct service properly and profitably. So, the petitioner is experiencing difficulties in conducting service. There is changed circumstances for revision of timing. WP(C) No.14070 Of 2024 3
3. The petitioner submitted Ext.P2 application for revision of timing. The writ petition is filed by the petitioner seeking direction to the respondent to consider the application for revision of timings.
4. Government Pleader submits that the Chief Electoral Officer has issued a communication No.EL8/2/2024- ELEC dated 20.03.2024 directing that the Regional Transport Authority Board meetings and the process of issue of Permits and convening of the time conferences should be deferred till the election process is over.
5. Heard.
6. It is evident that Ext.P2 is an application for change of timings which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P2 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to WP(C) No.14070 Of 2024 4 consider Ext.P2 application submitted by the petitioner and take appropriate decision thereon, within a period of three months in accordance with law and after giving opportunity of hearing to the affected parties.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.14070 Of 2024 5 APPENDIX OF WP(C) 14070/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING NO.
C1/00196/2024/Q DATED 6.02.2024 ISSUED BY THE RESPONDENT ALLOTTING TIMING TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 7.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT