Adarsh.B vs The Secretary, Regional Transport ...
2024 Latest Caselaw 10223 Ker

Kerala High Court

Adarsh.B vs The Secretary, Regional Transport ... on 5 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
       FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                         WP(C) NO. 14070 OF 2024
PETITIONER:

              ADARSH.B
              AGED 31 YEARS
              S/O. BABURAJAN PILLAI, ADARSH BHAVAN,
              MUTTARA.P.O., ODANAVATTAM,
              KOLLAM DISTRICT., PIN - 691512

              BY ADV O.D.SIVADAS


RESPONDENT

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              CIVIL STATION, KOLLAM.,
              PIN - 691001

              SRI.SREEJITH V.S-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.14070 Of 2024
                               2




                         JUDGMENT

Dated this the 5th day of April, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Abalamkunnu-Anchal PBS.

Permit is issued in respect of Stage Carriage bearing

No.KL-16D-3009. The petitioner is operating the service on

the basis of the timings allotted on 06.02.2024.

2. After settlement of timing, now, the KSRTC started

services on same sector just ahead of the petitioner's service

from 1.03.2024 onwards and thereby the petitioner is not in a

position to conduct service properly and profitably. So, the

petitioner is experiencing difficulties in conducting service.

There is changed circumstances for revision of timing. WP(C) No.14070 Of 2024

3. 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.

4. Government Pleader submits that the Chief

Electoral Officer has issued a communication No.EL8/2/2024-

ELEC dated 20.03.2024 directing that the Regional Transport

Authority Board meetings and the process of issue of Permits

and convening of the time conferences should be deferred till

the election process is over.

5. Heard.

6. It is evident that Ext.P2 is an application for change

of timings which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P2 in

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the

respondent-Secretary, Regional Transport Authority to WP(C) No.14070 Of 2024

consider Ext.P2 application submitted by the petitioner and

take appropriate decision thereon, within a period of three

months in accordance with law and after giving opportunity of

hearing to the affected parties.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.14070 Of 2024

APPENDIX OF WP(C) 14070/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDING NO.

C1/00196/2024/Q DATED 6.02.2024 ISSUED BY THE RESPONDENT ALLOTTING TIMING TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE REQUEST DATED 7.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT