Nizar.K.S vs The Secretary, Regional Transport ...

Kerala High Court

Nizar.K.S 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. 18244 OF 2024
PETITIONER:

         NIZAR.K.S.,
         AGED 48 YEARS
         S/O SULAIMAN, KINARUVILAYIL,
         PANAPPETTY, PORUVAZHY.P.O.
         SASTHAMKOTTA, KOLLAM DISTRICT, PIN - 690520

         BY ADVS.
         O.D.SIVADAS
         DEVIKA K.R.


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, ALAPPUZHA, PIN - 688001

         BY ADV 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.18244 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 Bharanikkavu-Chengannur. Permit is issued in respect of Stage Carriage bearing registration No.KL-02Y-4090.

2. On account of change of timing of other services and introduction of KSRTC services, there is acute time clash with other services. 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 accordance with law, within a reasonable time. WP(C) No.18244 of 2024 3

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.18244 of 2024 4 APPENDIX OF WP(C) 18244/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE TIME SHEET VALID UP TO 25/12/2026 Exhibit P2 THE COPY OF THE REQUEST DATED 02/05/2024