Kerala High Court
Santhosh C.T vs The Secretary 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. 23263 OF 2024
PETITIONER:
SANTHOSH C.T.
AGED 52 YEARS, S/O.THANKAPPAN CHIRAKKAL,
PAINGOTTOOR P.O., KADAVOOR, ERNAKULAM,
PIN - 686 671.
BY ADV
P.ABANI
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
MADAVOOR P.O., VAZHAPPILLY,
MUVATTUPUZHA, PIN - 686 669.
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:
W.P.(C) No.23263 of 2024
:2:
JUDGMENT
Dated this the 28th day of June, 2024 The petitioner is the owner of the Stage Carriage bearing registration No.KL-06F-6566 and is conducting Stage Carriage service through Vavely-Uppukandom- Thodupuzha-Kothamangalam-Paingottor-Perummankandom. The Stage Carriage Permit was issued to the petitioner in the above route long ago, more than fifty years back. Due to increased number of services and traffic blocks, the petitioner is not in a position to operate the service properly adhering to the timings. The petitioner is experiencing difficulties in conducting service. There is changed circumstances for revision of timings. Therefore, the petitioner submitted Ext.P3 application before the respondent for revision of timings. No action is taken by the respondent on Ext.P3 application submitted by the petitioner, contends the petitioner.
W.P.(C) No.23263 of 2024:3:
2. Heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondent.
3. It is evident that Ext.P3 is an application for change of timing which has a statutory flavour in view of Rule 145 (7) of the Kerala Motor Vehicle Rules, 1989. Therefore, it is necessary that the competent authority should consider Ext.P3 in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the respondent to consider Ext.P3 application and take appropriate decision thereon within a period of two months in accordance with law and after giving an opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH JUDGE AMR W.P.(C) No.23263 of 2024 :4: APPENDIX OF WP(C) 23263/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TIME SCHEDULE ISSUED BY THE REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA DATED 01.12.2021.
Exhibit P2 TRUE COPY OF CERTIFICATE OF REGISTRATION OF STAGE CARRIAGE BEARING NO. KL06F 6566 DATED 10.04.2012.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.06.2024 BEFORE RESPONDENT.