Dileepan vs The Secretary, Regional Transport ...

Kerala High Court

Dileepan 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. 18213 OF 2024
PETITIONER:

            DILEEPAN
            AGED 50 YEARS
            , S/O. KUNJKURAMAN,
            DIRECTOR,
            M/S. RITI'S UPASANA VENTURE PVT LIMITED,
            CHETHADY,
            KOTTARAKKARA,
            KOLLAM.,
            PIN - 691557

            BY ADV O.D.SIVADAS


RESPONDENT:

            THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
            CIVIL STATION,
            KOLLAM,
            PIN - 691013

            BY SRI.   S. GOPINATHAN, SENIOR 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.18213 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 Chirayinkeezhu - Punalur. Permit is issued in respect of Stage Carriage bearing No. KL- 16G-6399. The petitioner is operating the service on the basis of the timings allotted on 14.11.2006.

2. On account of change of timing of other services and introduction of KSRTC services, 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 WP(C) No.18213 of 2024 3 for revision of timings.

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.18213 of 2024 4 APPENDIX OF WP(C) 18213/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY POF THE PROCEEDING OF THE RESPONDENT NO. C3/11444/2002/Q DATED 14.11.2006.

EXHIBIT P2 THE COPY OF THE REQUEST DATED 08/05/2024 ALONG WITH PROPOSED SET OF TIMING