Kunhali vs The Secretary, Regional Transport ...

Kerala High Court

Kunhali 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. 18406 OF 2024
PETITIONER:

         KUNHALI
         AGED 49 YEARS
         S/O. ANDUNHI, PAIVALIKA HOUSE,
         P.O.PAIVALIKA, KASARAGOD DISTRICT.,
         PIN - 690520

         BY ADV O.D.SIVADAS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, KASARAGOD, PIN - 684201

         SRI.SREEJITH V.S., 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.18406 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 Kaniyala-Seethangoli-Kumbla. Permit is issued in respect of Stage Carriage bearing registration No.KL-14G-7802.

2. On account of introduction of other services with identical timings of the petitioner's service, there is acute time clash with other services, contends the petitioner. Therefore, 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. Heard.

4. 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 WP(C) No.18406 of 2024 3 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 spk WP(C) No.18406 of 2024 4 APPENDIX OF WP(C) 18406/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING DATED 25.03.2010 OF THE RESPONDENT ALLOTTING TIMING TO THE PETITIONER'S SERVICE Exhibit P2 TRUE COPY OF THE APPLICATION FOR REVISION OF TIMING DATED 10.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.