Kerala High Court
Sudheer 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. 23031 OF 2024
PETITIONER:
SUDHEER.
AGED 46 YEARS, S/O. NADARAJAN,
RAHUL NIVAS, KAVALAYOOR, KANAMBOOR,
THIRUVANANTHAPURAM 695144.
BY ADVS.
O.D.SIVADAS
VARGHESE THOMAS
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
THIRUVANANTHAPURAM RURAL,
(ATTINGAL), PIN - 695601.
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.23031 of 2024
:2:
JUDGMENT
Dated this the 27th day of June, 2024 The petitioner is an existing Stage Carriage operator on the route Attingal - Kadakkal and the permit is issued in respect of Stage Carriage bearing registration No.KL-16/D-5499. As per the existing timing, the service of the petitioner is proceeding at 8.32 am from Attingal which arrives at Kllimanoor at 9.02 and reaches Kallara at 9.40 am. Similarly, for the afternoon trip, the service of the petitioner is proceeding at 3.27 pm, which arrives at Kilimanoor at 3.50 pm.
2. Since there are other services on the sector, there is time clash and the petitioner submitted a request to revise the timing slightly so as to avoid the time clash. So, W.P.(C)No.23031 of 2024 :3: appropriate direction may be given to the respondent to consider the request, contends the Counsel for the petitioner.
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. Heard.
5. It is evident that Ext.P2 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.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 W.P.(C)No.23031 of 2024 :4: months in accordance with law and after giving opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.23031 of 2024 :5: APPENDIX OF WP(C) 23031/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE PRESENT TIMING ALLOTTED TO THE PETITIONER AS PER PROCEEDING DATED 13.11.2013 Exhibit P2 TREUE COPY OF THE REQUEST DATED 19/06/2024 SUBMITTED BY THE PETITIONER