Shammer Km vs The Secretary
2024 Latest Caselaw 5613 Ker

Kerala High Court

Shammer Km vs The Secretary on 16 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                     WP(C) NO. 6112 OF 2024
PETITIONER:

            SHAMMER KM
            AGED 38 YEARS
            S/O ABDULLA , KARAMMAL HOUSE, EACHOME PO,
            WAYANAD ., PIN - 670721
            BY ADV STALIN PETER DAVIS


RESPONDENT:

            THE SECRETARY
            REGIONAL TRANSPORT AUTHORITY,
            CIVIL STATION , KALEPETTA NORTH ,
            WAYANAD., PIN - 673122
            SRI.SREEJITH V.S., GP

     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 6112 OF 2024
                                   ..2..




                         N.NAGARESH, J.
              ---------------------------------------------
                    W.P.(C) No.6112 of 2024
              ----------------------------------------------
            Dated this the 16th day of February, 2024

                      JUDGMENT

The petitioner is an existing Operator conducting service

on the route Kambalakkad-Panamaram-Padijarathara via

Pallikkunnu, Vilambukandam, Neerattadi, Venniyode and

Valal. Permit is issued in respect of Stage Carriage bearing

No. KL-11/B S-2752. The petitioner is operating the service on

the basis of the timings allotted on 07.11.2023.

2. Due to the introduction of new services, change of

timings of other services on the route and by-routes creating

unnecessarily, unhealthy competition exists which causes

inconvenience to the travelling public. Hence, modification of

time schedule in respect of the petitioner's services became

absolutely essential. The petitioner filed application seeking

modification of his timings. The petitioner submitted Ext.P1 WP(C) NO. 6112 OF 2024 ..3..

application for revision of timings. 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.P1 is an application for change

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

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

AS WP(C) NO. 6112 OF 2024 ..4..

APPENDIX OF WP(C) 6112/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 01/02/2024