Mohammed E vs The Secretary, Regional ...
2022 Latest Caselaw 9352 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 25767 OF 2022
PETITIONER/S:

          MOHAMMED E
          S/O MAMMAD, EDATHANTHODI HOUSE,
          ATHANIKKAL, POOKKOTTUR, VALLUVAMBRAM.P.O
          MALAPPURAM DISTRICT.

          BY ADV PRASAD CHANDRAN



RESPONDENT/S:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          MALAPPURAM, CIVIL STATION, UP HILL,
          MALALPPURAM PIN -676505.
          R BY GP SRI.V.K.SUNIL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25767 OF 2022      ..2..



                          JUDGMENT

The petitioner states that he is an existing operator

of three stage carriages bearing Registration Nos.KL-

10/AM 2365, KL-53/F 345 and KL-58/C 9774 on the route

Kozhikode-Palakkad via Perinthalmanna on the strength of

Ext.P1 series permits. The petitioner has submitted Ext.P2

application for inter-change of his timings. Since there

was delay in considering Ext.P2, the petitioner filed

Ext.P3 application under Section 214 of the Kerala Motor

Vehicles Rules, 1989 for inter-change of timings. The

grievance of the petitioner is that, Ext.P3 application for

inter-change of timings is not so far considered by the

respondent.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader for the respondent.

3. In the facts and circumstances of the case, there

will be a direction to the respondent to consider Ext.P3

application, after giving notice to the petitioner, within a WP(C) NO. 25767 OF 2022 ..3..

period of three weeks from the date of receipt of a copy of

this judgment. I make it clear that I have not expressed

any opinion on the merits, as well the maintainability of

Ext.P3 application and it is for the respondent to consider

these aspects while disposing Ext.P3 application.

The writ petition is disposed of with the above

observations.

Sd/-

                          MURALI PURUSHOTHAMAN
                                  JUDGE
SB/10/08/2022
 WP(C) NO. 25767 OF 2022     ..4..



               APPENDIX OF WP(C) 25767/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE REGULAR PERMIT IN RESPECT OF THE PETITIONER'S STAGE CARRIAGES KL-10/AM 2365, KL-53-F- 345, K1-58-C-9774.

Exhibit P2 TRUE COPY OF THE EXISTING AND THE PROPOSED TIMINGS SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 22.07.2022.