Rajeev K V vs The Secretary, Regional ...
2022 Latest Caselaw 10195 Ker

WP(C) NO. 29404 OF 2022
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
 THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 29404 OF 2022
PETITIONER/S:

          RAJEEV K V
          S/O. KUNHIRAMAN NAMBIAR, DEVAKI MANDIRAM, MANIYOOR,
          CHATTUKAPPARA, KANNUR DISTRICT.

          BY ADV O.D.SIVADAS



RESPONDENT/S:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          CIVIL STATION, KANNUR, PIN- 670 001.

          SR.G.P SRI. V.K SUNIL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29404 OF 2022
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                             JUDGMENT

The petitioner has approached this Court seeking directions to

the respondent to consider Ext.P2 request for revision of the

existing timings of the service after hearing the petitioner and other

operators.

2. Petitioner is a permit holder of stage carriage bearing

No.KL 59/K 1111 on the route Uruvachal-Kuthuparamba-Kannur-

Kozhikode, which is valid till 29.12.2026, Ext.P1. The timing of the

petitioner's service has already been settled and allotted vide order

dated 27.7.2010. As per the existing timing, the petitioner is

experiencing great difficulties in conducting the service as the time

schedule was allotted long time back and there have been a change

in the timings owing to the closure of two railway gages and

therefore, he is not in a position to conduct service adhering to the

timings. In this regard had submitted a request dated 16.6.2022 to

the Secretary, Regional Transport Authority, Kannur, which is

permissible as per Rule 212 of the Kerala Motor Vehicles Rules,

1959, Ext.P2.

3. Issue notice before admission. Government accepts

notice and submits that the application of such nature are to be

decided by a timing conference headed by the Secretary, RTA and WP(C) NO. 29404 OF 2022

numerous applications of various routes are pending and it is not

expedient to decide the application as and when submitted by the

parties but sincere and concerted efforts are being made to dispose

of all the application within a reasonable time.

Without expressing any opinion on the merits of the matter, I

dispose of the writ petition by issuing directions to the respondent

to take a call on the application of the petitioner and all other

affected parties, in respect of the route referred to above for

variation in the time schedule and many other persons of similar

kind as far back as in 2010, as expeditiously as possible, preferably

within a period of three months from the date of receipt of a

certified copy of this judgment, in accordance with law.

SD/-

sab                                                AMIT RAWAL

                                                    JUDGE
 WP(C) NO. 29404 OF 2022


                 APPENDIX OF WP(C) 29404/2022

PETITIONER EXHIBITS

Exhibit P1            A TRUE COPY OF THE REGULAR PERMIT ISSUED
                      TO THE PETITIONER BY THE RESPONDENT.

Exhibit P2            A TRUE COPY OF THE REQUEST DATED
                      16.06.2022 SUBMITTED BY THE PETITIONER

BEFORE THE RESPONDENT WITH TRANSLATION.