Kerala High Court
Togy 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. 13715 OF 2024
PETITIONER:
TOGY
AGED 40 YEARS
S/O XAVIER M.T., MANJALY HOUSE, EDALAKKAD,
MOOKKANNOOR PO, ANGAMALY, ERNAKULAM,
PIN - 683577
BY ADVS.
O.D.SIVADAS
DEVIKA R.
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KAKKANAD,
ERNAKULAM,, PIN - 682030
SRI.S.GOPINATHAN-SR.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.13715 Of 2024
2
JUDGMENT
Dated this the 4th day of April, 2024
The petitioner is an existing Stage Carriage operator,
conducting service on the route Edalakkad -Poothamkutty-
Manjikkad-Angamaly-Kalady-Kurisumudy and the Permit was
issued in respect of Stage Carriage bearing registration
No.KL-17U-7320. As per the Original Permit, the petitioner's
service proceeds from Kurissumudi at 5.05 AM and after
completing the trip, the service halts at Kurissumudi at
8.27 PM.
2. The petitioner applied for variation of permit, which
includes extension of service as well as change of halting
place from Kurissumudi to Edalakkadu and extension of trips
to Poothamkutty as well as Edalakkadu, which was granted
and pursuant to the above, the respondent issued the varied
permit with tentative set of timing as per Ext.P1. For more
WP(C) No.13715 Of 2024
than 2 years, the petitioner conducted his service with Ext.P2
set of timings.
3. Thereafter, the respondent convened timing
conference on 4.5.2023 and allotted a different set of timing,
totally deviating from Ext.P1 set of timing. On account of the
unnecessary changes of timings, the petitioner is not in a
position to operate the service properly.
4. Ventilating all these aspects, the petitioner has
submitted Ext.P3 request for revising of timings and the same
is pending. A mass petition was also filed by the general
public who are depending the petitioner's service and their
main grievance is with respect to change of departure timing
of the trip from 6.34 pm to 7.30 pm, while proceeding from
Angamaly to Edalakkad. No decision has been taken on the
said request, contends the petitioner.
5. Government Pleader submits that the Chief
Electoral Officer has issued a communication No.EL8/2/2024-
WP(C) No.13715 Of 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.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.
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 four
months in accordance with law and after giving opportunity
of hearing to the affected parties.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.13715 Of 2024
APPENDIX OF WP(C) 13715/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDING
N2/88293/2019/E DATED 1.02.2020 ISSUED
BY THE RESPONDENT
Exhibit P2 TRUE COPY OF THE PROCEEDING NO. NO.
V3/88293/2019/E DATED 4.05.2023 ISSUED
BY THE RESPONDENT
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
REVISION OF TIMING DATED 20.05.2023
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT.
Exhibit P4 TRUE COPY OF THE MASS PETITION
SUBMITTED BY THE TRAVELLING PUBLIC
DATED 10.05.2023 BEFORE THE
RESPONDENT.
