Santhi S vs The Secretary, Regional Transport ...
2024 Latest Caselaw 19340 Ker

Kerala High Court

Santhi S vs The Secretary, Regional Transport ... on 3 July, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
                WP(C) NO. 23610 OF 2024
PETITIONER:

         SANTHI S.
         AGED 54 YEARS, W/O. SUNDARA RAJAN,
         11/454, SOUTH PAVADY, KOLLENGODE P.O.,
         PALAKKAD DISTRICT, PIN - 678506.

         BY ADVS.
         SAJU J.VALLYARA
         MARIA ANGEL


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         PALAKKAD, CIVIL STATION, PALAKKAD P.O.
         PALAKKAD DISTRICT, PIN - 678001.

         BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.07.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.23610 of 2024
                                  :2:


                          JUDGMENT

Dated this the 3rd day of July, 2024

The petitioner is conducting a Regular Stage Carriage

service with her Stage Carriage bearing registration

No.KL-06-C-0672 on the route Kollengode - Palakkad on the

basis of Ext.P1 Regular Permit. After the issuance of the

Regular Permit to the petitioner, a large number of services

were introduced on the sectors of the route and some of the

services have surrendered their permits. Therefore, the

petitioner has submitted Ext.P2 request for revision of her own

timings. But, the respondent is not taking steps to conduct

timing conference. If there is any delay in considering Ext.P2

request, the petitioner will be put to difficulties, contends the

Counsel for the petitioner.

2. 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. Heard.

4. It is evident that Ext.P2 is an application for revision

of timing which has statutory flavour under Rule 145 (7) of the

Kerala Motor Vehicles Rules, 1989. 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 opportunity of

hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 23610/2024

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL99/411/2004 ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 23.03.2024 IN RESPECT OF STAGE CARRIAGE KL-06-C-0672 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST DATED 25.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HER STAGE CARRIAGE KL-06-C-0672