Nikath Narayanan vs The Secretary
2024 Latest Caselaw 10426 Ker

Kerala High Court

Nikath Narayanan vs The Secretary on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                 WP(C) NO. 14939 OF 2024
PETITIONER:

         NIKATH NARAYANAN
         AGED 30 YEARS, S/O P.C. NARAYANAN,
         SREERAM NIVAS, KADAMBOOR,
         KANNUR, PIN - 670673.

         BY ADV LAVARAJ M.G.


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         REGIONAL TRANSPORT OFFICE,
         CIVIL STATION P.O., KANNUR - 670001.

         BY ADV.SMT.REKHA C NAIR,
         SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.14939 of 2024

                              :2:




                      JUDGMENT

Dated this the 11th day of April, 2024

The petitioner is an existing Stage Carriage operator

on the route Kayalode - Kannur in respect of Stage

Carriage No.KL-58S-4300. The timings of the petitioner's

service were last settled on 15.11.2019. As per Rule 145(7)

of the Kerala Motor Vehicles Rules, changes in the number

of permits as well as the time schedule of similarly placed

services are sufficient circumstances warranting for revision

of timings. The petitioner preferred a request for revision of

timings of his own service by making slight changes to his

service, but the same has not been considered. The writ

petition is for a direction to consider the request. In

identically placed circumstances, this Court directed to

consider the request for revision of timings, contends the

Counsel for the petitioner.

2. 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.

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 three

months in accordance with law and after giving opportunity

of hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 14939/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO PETITIONER'S SERVICE VIDE ORDER NO.V1/KL 58 S 4300/2019 DATED 15.11.2019.

Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 04.03.2024 ALONG WITH THE PROPOSED TIMINGS.