Manjula.S vs The Secretary

Kerala High Court

Manjula.S vs The Secretary 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. 18267 OF 2024
PETITIONER:

         MANJULA.S
         AGED 42 YEARS
         W/O DHANAPAL, 7/871 (3), SURABHI,
         GANESH NAGAR, PALAKKAD, PIN - 678010

         BY ADV RILGIN V.GEORGE


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         PALAKKAD, REGIONAL TRANSPORT OFFICE,
         PALAKKAD, PIN - 678001

         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.18267 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 Palakkad-Kongad. Permit is issued in respect of Stage Carriage bearing registration No.KL-09AF-5335.

2. The service is being operated on the strength of a time schedule approved by the respondent in the year 2012, more than 12 years ago. The last 12 years have witnessed manifold increase in the volume of traffic on the route in question. So, it has become impossible to operate the Stage Carriage adhering to the approved timings. 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 submitted by the petitioner, 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.18267 of 2024 4 APPENDIX OF WP(C) 18267/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 12.04.2024 FILED UNDER RULE 212 OF THE K.M.V. RULES, 1989