Sunil Kumar vs The Secretary, Regional Transport ...

Kerala High Court

Sunil Kumar vs The Secretary, Regional Transport ... 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. 15874 OF 2024
PETITIONER:

         SUNIL KUMAR
         AGED 47 YEARS
         S/O. SUNDERASAN PILLAI, S.S.BHAVAN,
         CHARUMOODU, VELIMON.P.O., KOLLAM.,
         PIN - 691002

         BY ADVS.
         O.D.SIVADAS
         VISHNUPRIYA M.V.


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY
         CIVIL STATION, KOLLAM., PIN - 691001

         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:
 WP(C) No.15874 of 2024
                               2




                         JUDGMENT

Dated this the 12th day of April, 2024 The petitioner is an existing Operator conducting Stage Carriage service on the route Bharanikavu-Bharanikavu. Permit is issued in respect of Stage Carriage bearing registration No.KL-18W-5635.

2. The petitioner states that there is vacant timings of Stage Carriage No.KL-02V-8447 from Bharnikavu at 7.10 am, which has been surrendered. So, the petitioner seeks to change the departure time from 7.06 a.m to 7.10 am for the said trip. There is vacant timings of Stage Carriage No.KL- 09Y-522 Karunagappilly at 9.50 a.m and the petitioner seeks to make departure time at Karunggappilly at 9.50 a.m instead of 9.42 a.m. Similarly, the petitioner seeks departure time from Karunagappilly at 1.26 p.m instead of 1.10 p.m, which is the vacant timing of Stage Carriage No.KL-23B-36. The petitioner submitted a request for revision of timing and to allot the WP(C) No.15874 of 2024 3 vacant timing.

3. The petitioner submitted Ext.P3 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.P3 is an application for change of timing which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P3 in accordance with law, within a reasonable time, taking into consideration the communication dated 20.03.2024 of the Chief Electoral Officer also.

4

The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to consider Ext.P3 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 spk WP(C) No.15874 of 2024 5 APPENDIX OF WP(C) 15874/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING OF RESPONDENT DATED 12.12.2023 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ROUTE ENQUIRY REPORT DATED 5.12.2023 SUBMITTED BY THE MOTOR VEHICLE INSPECTOR TO THE RESPONDENT REGARDING THE VACANT TIMING.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.