Thomas K.J vs The Secretary, Regional Transport ...
2024 Latest Caselaw 5262 Ker

Kerala High Court

Thomas K.J 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. 6005 OF 2024
PETITIONER:

         THOMAS K.J
         AGED 41 YEARS
         S/O JACOB, KALAPPUNCKAL HOUR,
          AMARAVATHYKUMILY., PIN - 685509

         BY ADV G.CHITRA


RESPONDENT:

         THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
         IDUKKI
         IDUKKI TWP, KERALA, PIN - 685603

         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:
 WP(C) NO.6005 OF 2024
                                  2




                        JUDGMENT

Dated this the 15th day of February, 2024

The petitioner is an existing Operator conducting service

on the route Kambammettu-Changanassery Via Kumily,

Mundakkayam and Ponkunnam. Permit is issued in respect of

Stage Carriage bearing No. KL-33H-2093.

2. As per the existing timings, service starts from

Kambammedu at 5.50 am and reaches Kumily at 6.53 am.

Thereafter, it is directed to proceed at 6.54 pm immediately

after one minute. For the purpose of setting down the

passengers and to proceed from there by taking the

passengers, one minute time is absolutely insufficient and

does not convenient for feasible operation. But, the departure

time 6.54 pm from Kumily cannot be altered, since there are

other services. Therefore, the petitioner proposed a slight

modification from Kambammedu as 5.40 am advancing to 10 WP(C) NO.6005 OF 2024

minutes so that the petitioner's service can reach Kumily at

6.43 am and after having a halt of 11 minutes. The service

can proceed from Kumily retaining the existing departure time

6.54 pm.

3. The petitioner submitted Ext.P1 application for

modification of the time schedule in respect of the above trip,

which will not affect any operator and will be more convenient

to the travelling public. The respondent has not considered

the same so far. Aggrieved by the inaction on the part of the

respondent in considering Ext.P1 application, the petitioner

has approached this Court filing this writ petition.

4. It is evident that Ext.P1 is an application for

variation of timing which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P1 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.P1 application submitted by the petitioner and WP(C) NO.6005 OF 2024

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 hmh WP(C) NO.6005 OF 2024

APPENDIX OF WP(C) 6005/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR MODIFICATION OF THE TIME SCHEDULE OF HIS SERVICE DATED 30.01.2024