Thomas V Philip vs The Secretary, Regional Transport ...
2024 Latest Caselaw 10446 Ker

Kerala High Court

Thomas V Philip vs The Secretary, Regional Transport ... 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. 15113 OF 2024
PETITIONER:

         THOMAS V PHILIP,
         AGED 58 YEARS,
         S/O PHILIP, GED 58 YEARS,
         VAVOLICKAL, PULICKAL KAVALA,
         KOTTAYAM- 686583,
         REPRESENTED BY THE POWER OF ATTORNEY HOLDER
         M.M MATHAI,
         S/O MATHAI,
         AGED 75 YEARS, MALEDATHU HOUSE,
         EDAYIRICKAPUZHA P.O,
         KANGAZHA,
         KOTTAYAM-686541, PIN - 686583

         BY ADV K.V.GOPINATHAN NAIR


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         KOTTAYAM
         CIVIL STATION,
         COLLECTORATE P.O.,
         KOTTAYAM, PIN - 686002

         BY ADV. SMT.REKHA C NAIR, SR.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.15113/2024
                                    :2:



                             JUDGMENT

Dated this the 11th day of April, 2024

The petitioner is an existing Operator conducting

service on the route Manimala-Kanjirappally. Permit is

issued in respect of Stage Carriage bearing

No.KL-33F-1214. The petitioner is operating the service on

the basis of the timings allotted on 29.11.2022.

2. On account of increased number of services, the

petitioner is not in a position to operate service properly

adhering to the timing. So, the petitioner is experiencing

difficulties in conducting service. There are changed

circumstances for revision of 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. 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.

4. Heard.

5. It is evident that Ext.P1 is an application for

change of timing 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 three

months in accordance with law and after giving an

opportunity of hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 15113/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 25.03.2024.