Kerala High Court
N.K Abdul Majeed vs The Secretary, Regional Transport ... on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 22955 OF 2024
PETITIONER:
N.K ABDUL MAJEED
AGED 45 YEARS
S/O MOYIN, NELLIKUNNUMMAL,
PO KODUVALLY,
KOZHIKODE - 673572.
BY ADV STALIN PETER DAVIS
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY
KOZHKODE , REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KOZHIKODE, PIN - 678002.
BY ADV.SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22955 of 2024
:2:
JUDGMENT
Dated this the 27th day of June, 2024 The petitioner states that he is the transferee of the permit on the route Kozhikode - Thiruvambady - Koodaranji - Perumoola with Stage Carriage No.KL-12/C-9399. The introduction of new services and change of timings of other services on the route, are creating unnecessary and unhealthy competition and cause inconvenience to the traveling public. Hence, the modification of time schedule in respect of the petitioner's service became absolutely essential. The petitioner's predecessor filed Ext.P1 application seeking modification of the time schedule. The respondent is the authority to consider the same. The respondent has not W.P.(C)No.22955 of 2024 :3: considered or passed any order on Ext.P1 application which is absolutely improper and without any justification, contends the Counsel for the petitioner.
3. The petitioner submitted Ext.P1 application for revision of timing. The writ petition is filed by the petitioner seeking for a direction to the respondent to consider the application for revision of timings.
4. Heard.
5. It is evident that Ext.P1 is an application for revision of timing which has statutory support under Rule 145 (7) of the Kerala Motor Vehicles Rules, 1989. 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 W.P.(C)No.22955 of 2024 :4: 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.22955 of 2024 :5: APPENDIX OF WP(C) 22955/2024 PETITIONER EXHIBIT Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER PREDECESSOR BEFORE THE RESPONDENT DATED 17/I/24