Kerala High Court
Mary Eldho vs The Regional Transport Authority on 15 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024/26TH MAGHA, 1945
WP(C) NO. 5914 OF 2024
PETITIONER:
MARY ELDHO
AGED 48 YEARS, W/O ELDHO JOY,
KAKKANATTIL (H), MULAKULAM NORTH P.O.,
PIRAVOM, ERNAKULAM, PIN - 686 664.
BY ADVS.
P.DEEPAK
NAZRIN BANU
K.T.RAVEENDRAN
AKSHARA K.P.
KAVYA K.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
ERNAKULAM, REPRESENTED BY ITS SECRETARY,
2ND FLOOR, CIVIL STATION, KAKKANAD,
PIN - 682 030.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, 2ND FLOOR, CIVIL STATION,
KAKKANAD, PIN - 682 030.
BY ADV
SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5914 of 2024
:2:
JUDGMENT
Dated this the 15th day of February, 2024
The petitioner is a Stage Carriage operator
operating ordinary Stage Carriage service on the route
Piravom-Kaloor via Peppathy, Arakkunnam, Mulamthuruthy,
Chottanikkara, Thiruvamkulam, Thripunithura, Vyttila, M.G.
Road. He filed Ext.P5 representation for revision of Ext.P3
timings of his Stage Carriage service operated using vehicle
bearing registration No.KL-17P-4873 covered by Ext.P1
permit, whereby he requested to permit the proposed
departure time from Kaloor as stated in Ext.P5
representation so as to avoid the time clashes on the route in
question occasioned by the current departure time of
01:38 p.m from Kaloor issued to him during the
consideration of a variation to the permit in the year 2016.
2. Even though Ext.P5 representation has been
taken to file, the respondents insist that the same can be
considered only after obtaining an order from this Court,
contends the petitioner.
3. Heard the learned Counsel for the petitioner and
the learned Government Pleader representing the
respondents.
4. It is evident that Ext.P5 is a representation for
change of timing, which has a statutory flavour. Therefore, it
is necessary that the competent authority should consider
Ext.P5 in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing
the respondent to consider Ext.P5 representation submitted
by the petitioner and take appropriate decision thereon within
a period of two months in accordance with law and after
giving an opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 5914/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
03.02.2022.
Exhibit P2 TRUE COPY OF THECERTIFICATE OF
REGISTRATION ISSUED TO VEHICLE BEARING
REGISTRATION NUMBER KL 17 P 4873.
Exhibit P3 TRUE COPY OF THE CURRENT TIME SCHEDULE
DATED NIL.
Exhibit P4 TRUE COPY OF THEINITIAL TIME SCHEDULE
DATED NIL.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
01.02.2024.
