Kerala High Court
Thomas V Philip vs The Secretary, Regional Transport ... 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. 15113 OF 2024
PETITIONER:
THOMAS V PHILIP,
AGED 58 YEARS,
S/O PHILIP, GED 58 YEARS,
VAVOLICKAL, PULICKAL KAVALA,
KOTTAYAM- 686583,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER
M.M MATHAI,
S/O MATHAI,
AGED 75 YEARS, MALEDATHU HOUSE,
EDAYIRICKAPUZHA P.O,
KANGAZHA,
KOTTAYAM-686541, PIN - 686583
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KOTTAYAM
CIVIL STATION,
COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002
BY ADV. SMT.REKHA C NAIR, SR.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.15113/2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner is an existing Operator conducting service on the route Manimala-Kanjirappally. Permit is issued in respect of Stage Carriage bearing No.KL-33F-1214. The petitioner is operating the service on the basis of the timings allotted on 29.11.2022.
2. On account of increased number of services, the petitioner is not in a position to operate service properly adhering to the timing. So, the petitioner is experiencing difficulties in conducting service. There are changed circumstances for revision of timings. Therefore, the petitioner submitted Ext.P1 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. Government Pleader submits that the Chief Electoral Officer has issued a communication W.P.(C) No.15113/2024 :3: 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.
4. Heard.
5. It is evident that Ext.P1 is an application for change of timing which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P1 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to consider Ext.P1 application submitted by the petitioner and take appropriate decision thereon, within a period of three months in accordance with law and after giving an opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH JUDGE SR W.P.(C) No.15113/2024 :4: APPENDIX OF WP(C) 15113/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 25.03.2024.