N.C Thomas vs The Secretary, Regional Transport ...

Kerala High Court

N.C Thomas vs The Secretary, Regional Transport ... on 22 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                    WP(C) NO. 18323 OF 2024
PETITIONER:

         N.C THOMAS
         AGED 63 YEARS
         S/O CHACKO, NARIMATTATHIL HOUSE,
         ARUVIKUZHY P.O KOTTAYAM, PIN - 686503

         BY ADV K.V. GOPINATHAN NAIR


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY, KOTTAYAM
         CIVIL STATION, COLLECTORATE P.O,
         KOTTAYAM, PIN - 686002

         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 22.05.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18323 of 2024
                                2




                          JUDGMENT

Dated this the 22nd day of May, 2024 The petitioner is an existing Operator conducting Stage Carriage service on the route Ponkunnam-Kottayam via Pallickathodu, Kooroppada, Lakkattoor, Oravakkal and Mannarkkad. Permit is issued in respect of Stage Carriage bearing registration No.KL-05W-7799.

2. On account of the introduction of various services on sectors on route and change of timings in respect of other services, the petitioner is not in a position to operate the service properly adhering to the timing. Therefore, the petitioner submitted Ext.P1 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. Heard.

3

4. It is evident that Ext.P1 is an application for change of timing which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P1 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.P1 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 spk WP(C) No.18323 of 2024 4 APPENDIX OF WP(C) 18323/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 29.04.2024