Santhi S vs The Secretary, Regional Transport ...

Citation : 2024 Latest Caselaw 19340 Ker
Judgement Date : 3 July, 2024

Kerala High Court

Santhi S vs The Secretary, Regional Transport ... on 3 July, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
                WP(C) NO. 23610 OF 2024
PETITIONER:

         SANTHI S.
         AGED 54 YEARS, W/O. SUNDARA RAJAN,
         11/454, SOUTH PAVADY, KOLLENGODE P.O.,
         PALAKKAD DISTRICT, PIN - 678506.

         BY ADVS.
         SAJU J.VALLYARA
         MARIA ANGEL


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         PALAKKAD, CIVIL STATION, PALAKKAD P.O.
         PALAKKAD DISTRICT, PIN - 678001.

         BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.07.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.23610 of 2024
                                  :2:


                          JUDGMENT

Dated this the 3rd day of July, 2024 The petitioner is conducting a Regular Stage Carriage service with her Stage Carriage bearing registration No.KL-06-C-0672 on the route Kollengode - Palakkad on the basis of Ext.P1 Regular Permit. After the issuance of the Regular Permit to the petitioner, a large number of services were introduced on the sectors of the route and some of the services have surrendered their permits. Therefore, the petitioner has submitted Ext.P2 request for revision of her own timings. But, the respondent is not taking steps to conduct timing conference. If there is any delay in considering Ext.P2 request, the petitioner will be put to difficulties, 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 W.P.(C)No.23610 of 2024 :3: 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 revision of timing which has statutory flavour under Rule 145 (7) of the Kerala Motor Vehicles Rules, 1989. 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 consider Ext.P2 application submitted by the petitioner and take appropriate decision thereon, within a period of two months in accordance with law and after giving opportunity of hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.23610 of 2024 :4: APPENDIX OF WP(C) 23610/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL99/411/2004 ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 23.03.2024 IN RESPECT OF STAGE CARRIAGE KL-06-C-0672 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST DATED 25.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HER STAGE CARRIAGE KL-06-C-0672