Kerala High Court
Nikath Narayanan vs The Secretary on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14939 OF 2024
PETITIONER:
NIKATH NARAYANAN
AGED 30 YEARS, S/O P.C. NARAYANAN,
SREERAM NIVAS, KADAMBOOR,
KANNUR, PIN - 670673.
BY ADV LAVARAJ M.G.
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KANNUR - 670001.
BY ADV.SMT.REKHA C NAIR,
SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.14939 of 2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner is an existing Stage Carriage operator on the route Kayalode - Kannur in respect of Stage Carriage No.KL-58S-4300. The timings of the petitioner's service were last settled on 15.11.2019. As per Rule 145(7) of the Kerala Motor Vehicles Rules, changes in the number of permits as well as the time schedule of similarly placed services are sufficient circumstances warranting for revision of timings. The petitioner preferred a request for revision of timings of his own service by making slight changes to his service, but the same has not been considered. The writ W.P.(C)No.14939 of 2024 :3: petition is for a direction to consider the request. In identically placed circumstances, this Court directed to consider the request for revision of timings, contends the Counsel for the petitioner.
2. 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.
3. Heard.
4. It is evident that Ext.P2 is an application for change of timing 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 W.P.(C)No.14939 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 ams W.P.(C)No.14939 of 2024 :5: APPENDIX OF WP(C) 14939/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO PETITIONER'S SERVICE VIDE ORDER NO.V1/KL 58 S 4300/2019 DATED 15.11.2019.
Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.03.2024 ALONG WITH THE PROPOSED TIMINGS.