Kerala High Court
Jomy Devassy vs The Secretary on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15398 OF 2024
PETITIONER:
JOMY DEVASSY
AGED 42 YEARS, S/O DEVASSY,
MANJOORAN HOUSE, ERUMATHALA PO,
CHUNANGAMVELI, ERNAKULAM - 683112.
BY ADV PRASAD CHANDRAN
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY CUM
REGIONAL TRANSPORT OFFICER,
ERNAKULAM, REGIONAL TRANSPORT OFFICE,
ERNAKULAM, PIN - 682030.
BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15398 of 2024
:2:
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner is a senior regular Stage Carriage permit holder operating on the route Aluva - Kumbalappilly - Ernakulam South - Thevara Junction - Thoppumpady, operating now with Stage Carriage No.KL-41/U-4126, which was replaced to the earlier vehicle No.KL-17/C-1300. The timing of this service was last issued on 10.07.2007.
2. Several services have been introduced through this route and also covering major portions of the route after the issue of permit to the petitioner. There were also revision of timings and also surrender of several permits of other Stage Carriages serving on this portion of the route. According to Rule 145(7) of Kerala Motor Vehicle Rules coupled with the Division Bench rulings in Krishnankutty v. W.P.(C)No.15398 of 2024 :3: John [1992(2) KLT 883] and Joji Edattel Vs. Secretary, Regional Transport Authority [2004(1) KLT 493], this Court found that these all are the grounds to apply in the matter of revision of timings. There is a statutory duty cast upon the respondent authority to consider the said request but the same is not considered.
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 W.P.(C)No.15398 of 2024 :4: over.
5. Heard.
6. 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, taking into consideration the communication dated 20.03.2024 of the Chief Electoral Officer also.
The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to 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.15398 of 2024 :5: APPENDIX OF WP(C) 15398/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TIMINGS ISSUED BY THE RESPONDENT DATED 10.7.2007.
Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER FOR REVISION OF TIMINGS DATED 4.4.2024 OPERATING ON THE ROUTE ALUVA-KUMBALAPPILLY-ERNAKULAM SOUTH- THEVARA JUNCTION-THOPPUMPADY FOR THE VEHICLE KL 41/U 4126.