Shahana V vs The Secretary, Regional Transport ...

Kerala High Court

Shahana V vs The Secretary, Regional Transport ... on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO. 18148 OF 2024
PETITIONER:

            SHAHANA V.
            AGED 29 YEARS
            D/O. SAKKEER HUSSAIN V.,
            VADAKKAN HOUSE, NELLIKUNNU,
            AMARAMBALAM P.O.,
            MALAPPURAM DISTRICT,
            PIN - 679332

            BY ADVS.
            SAJU J.VALLYARA
            MARIA ANGEL


RESPONDENTS:

            THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
            CIVIL STATION,
            MALAPPURAM P.O.,
            MALAPPURAM DISTRICT,
            PIN - 676505

            BY SRI.   SREEJITH V.S., GOVERNMENT PLEADER


     THIS     WRIT    PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   21.05.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18148 of 2024
                               2




                           JUDGMENT

Dated this the 21st day of May, 2024 The petitioner is an existing Operator conducting Stage Carriage service on the route Chalikkal-Nilambur. Permit is issued in respect of Stage Carriage bearing No. KL-10Z-0520. The petitioner is operating the service on the basis of the timings allotted on 25.04.2024.

2. On account of increased number of services and traffic block, the petitioner is not in a position to operate the service properly adhering to the timing. So, the petitioner is experiencing difficulties in conducting service. There are changed circumstances for revision of timings.

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.

3

4. Heard.

5. It is evident that Ext.P2 is an application for change of timing which has statutory support. 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 DCS WP(C) No.18148 of 2024 4 APPENDIX OF WP(C) 18148/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL1010/109/1999 ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 25.04.2024 IN RESPECT OF STAGE CARRIAGE KL-10-Z-0520 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST DATED 06.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HER STAGE CARRIAGE KL-10-Z-0520