Vimal.P.M vs The Secretary, Regional Transport ...
2024 Latest Caselaw 5122 Ker

Kerala High Court

Vimal.P.M vs The Secretary, Regional Transport ... 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. 5933 OF 2024
PETITIONER:

         VIMAL P.M.,
         AGED 47 YEARS,
         S/O. PRABHAKARAN PILLAI,
         CHAMAKKALA VEEDU,
         PANAYAMCHERRY,
         ANCHAL,
         KOLLAM, PIN - 691306

         BY ADV O.D.SIVADAS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION,
         KOLLAM, PIN - 681001

         BY ADVS.
         SRI.K.M.FAIZAL, 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.5933/2024
                                :2:




                         JUDGMENT

Dated this the 15th day of February, 2024

The petitioner is an existing Operator conducting

service on the route Elavaramkuzhy-Kuruvikonam-Anchal.

Permit is issued in respect of Stage Carriage bearing

No. KL-06C-6151. The petitioner is operating the service on

the basis of the timings allotted on 19.11.2022.

2. On account of increased number of services and

traffic block, 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.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.

3. 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.

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 two

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) 5933/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE COPY OF THE PROCEEDING ALLOTTING TIMING TO THE PETITIONER'S SERVICE DATED 19/11/2022 Exhibit P2 THE COPY OF THE REQUEST DATED 09.02.2024 SUBMITTED BY THE PETITIONER