Kerala High Court
Rinju Natarajan vs The Secretary, Regional Transport ... on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 23287 OF 2024
PETITIONER:
RINJU NATARAJAN.
AGED 38 YEARS, S/O. NADARAJAN, RAHUL NIVAS,
KAVALAYOOR, KANAMBOOR, THIRUVANANTHAPURAM
DISTRICT,PIN - 695144.
BY ADVS.
O.D.SIVADAS
VARGHESE THOMAS
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
THIRUVANANTHAPURAM RURAL, (ATTINGAL),
PIN - 695601.
BY ADV.
S GOPINATHAN - SENIOR GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.23287 OF 2024
:2:
JUDGMENT
Dated this the 28h day of June, 2024 The petitioner is an existing stage carriage operator on the route Kallara - Chilakkoor Temple and the permit is issued in respect of stage carriage bearing No. KL 16/F 5353. As there is another service from Kilimanoor at 6.35 am and similarly, at 12.54 pm, the petitioner is experiencing time clash with the said service. So, the petitioner had sought revision of timing so as to depart from Kilimanoor at 6.40 am and instead of 6.35 am and 12.57 pm instead of 12.54 pm. By slight changes, the petitioner will be in a position to operate service properly. So, appropriate direction to the respondent to consider the request is necessary in the interest of justice.
2. Heard the learned Counsel for the petitioner and the learned Senior Government Pleader representing the respondent.
WP(C) NO.23287 OF 2024 :3:
3. It is evident that Ext.P2 is an application for change of timing which has a statutory flavour in view of Rule 145(7) of the Kerala Motor Vehicles Rules, 1989. Therefore, it is necessary that the competent authority should consider Ext.P2 in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the respondent to consider Ext.P2 application and take appropriate decision thereon within a period of two months, if the application is received and pending, in accordance with law and after giving an opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH JUDGE pvv WP(C) NO.23287 OF 2024 :4: APPENDIX OF WP(C) 23287/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDING NO.
C10/3576/ATL/2015 DATED 17.2.2016. EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 19.06.2024 SUBMITTED BY THE PETITIONER