Sunil Kumar vs The Secretary, Regional Transport ...
2024 Latest Caselaw 10939 Ker

Kerala High Court

Sunil Kumar vs The Secretary, Regional Transport ... on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                    WP(C) NO. 15874 OF 2024
PETITIONER:

         SUNIL KUMAR
         AGED 47 YEARS
         S/O. SUNDERASAN PILLAI, S.S.BHAVAN,
         CHARUMOODU, VELIMON.P.O., KOLLAM.,
         PIN - 691002

         BY ADVS.
         O.D.SIVADAS
         VISHNUPRIYA M.V.


RESPONDENT:

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

         BY ADV SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 12.04.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15874 of 2024
                               2




                         JUDGMENT

Dated this the 12th day of April, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Bharanikavu-Bharanikavu.

Permit is issued in respect of Stage Carriage bearing

registration No.KL-18W-5635.

2. The petitioner states that there is vacant timings of

Stage Carriage No.KL-02V-8447 from Bharnikavu at 7.10 am,

which has been surrendered. So, the petitioner seeks to

change the departure time from 7.06 a.m to 7.10 am for the

said trip. There is vacant timings of Stage Carriage No.KL-

09Y-522 Karunagappilly at 9.50 a.m and the petitioner seeks

to make departure time at Karunggappilly at 9.50 a.m instead

of 9.42 a.m. Similarly, the petitioner seeks departure time from

Karunagappilly at 1.26 p.m instead of 1.10 p.m, which is the

vacant timing of Stage Carriage No.KL-23B-36. The petitioner

submitted a request for revision of timing and to allot the

vacant timing.

3. The petitioner submitted Ext.P3 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.P3 is an application for change

of timing which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P3 in

accordance with law, within a reasonable time, taking into

consideration the communication dated 20.03.2024 of the

Chief Electoral Officer also.

The writ petition is therefore disposed of directing the

respondent-Secretary, Regional Transport Authority to

consider Ext.P3 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 spk

APPENDIX OF WP(C) 15874/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDING OF RESPONDENT DATED 12.12.2023 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ROUTE ENQUIRY REPORT DATED 5.12.2023 SUBMITTED BY THE MOTOR VEHICLE INSPECTOR TO THE RESPONDENT REGARDING THE VACANT TIMING.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.