Anas. N A vs The Secretary, Regional Transport ...
2024 Latest Caselaw 9668 Ker

Kerala High Court

Anas. N A vs The Secretary, Regional Transport ... on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                    WP(C) NO. 13873 OF 2024
PETITIONER:

         ANAS. N A
         AGED 29 YEARS
         S/O. ABDUL RAZAK, ANAZ MANZIL,
         NANDAN KIZHAYA, ANAMARI.P.O. MUTHALAMADA,
         PALAKKAD DISTRICT -, PIN - 678506

         BY ADV O.D.SIVADAS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, PALAKKAD, PIN - 678001

         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 04.04.2024,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13873 of 2024
                                  2




                            JUDGMENT

Dated this the 4th day of April, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Nenmara-Poothundy Dam.

Permit is issued in respect of Stage Carriage bearing

No.KL-70E-6633. The petitioner is operating service on the

basis of the timings alloted on 21.07.2023.

2. The petitioner states that on account of the

increased number of services and change of timings to other

services and also allotment of timings to other Stage

Carriages in the same set of timing, the petitioner is

experiencing difficulties in conducting service properly and

profitably. Therefore, the petitioner submitted Ext.P2

application for revision of timings. Aggrieved by the inaction

on the part of the respondent in considering Ext.P2

application, the petitioner is before this Court.

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 timing which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P2 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.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 spk

APPENDIX OF WP(C) 13873/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDING DATED 21.07.2023 ISSUED BY THE RESPONDENT. Exhibit P2 TRUE COPY OF THE APPLICATION FOR REVISION OF TIMING DATED 6.03.2024.