P.G. Mathew vs The Secretary, Regional Transport ...
2024 Latest Caselaw 15804 Ker

Kerala High Court

P.G. Mathew vs The Secretary, Regional Transport ... on 6 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                WP(C) NO. 19668 OF 2024
PETITIONER:

         P.G. MATHEW,
         AGED 56 YEARS,
         S/O, VARGHESE,
         MARINGATTU PUTHUPARAMBIL HOUSE,
         PERUNNA, THRIKODITHANAM P O,
         CHENGANACHERRY,
         KOTTAYAM DISTRICT, PIN - 686102

         BY ADV. O.D.SIVADAS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION,
         IDUKKI, PIN - 685603

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19668/2024
                                     :2:



                              JUDGMENT

Dated this the 6th day of June, 2024

The petitioner is an existing Stage Carriage

Operator conducting service on the route Changanassery-

Nedumkandam. The permit is issued in respect of Stage

Carriage bearing No.KL-33B-7290 and another service on

the route Changanassery-Balanpillacity in respect of Stage

Carriage bearing No.KL-33M-3110.

2. It is submitted that there is no service operating

in this route after 7 pm and there is only service operating

after a period of 2 hours, which is not at all beneficial to the

travelling public. So, the petitioner is experiencing

difficulties in conducting service. There are changed

circumstances for revision of timings. Therefore, the

petitioner submitted Ext.P3 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.P3 is an application for

change of timing which has statutory support. Therefore, it

is necessary that the competent authority considers Ext.P3

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.P3 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) 19668/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TIMING ALLOTTED TO THE PETITIONER'S SERVICE AS PER PROCEEDING NO. C2/3347/2018/1D DATED 26.09.2018 TO OPERATE SERVICE ON THE ROUTE CHANGANASEERY TO NEDUMKANDAM.STAGE CARRIAGE BEARING NO. KL 33/B 7290 Exhibit P2 TRUE COPY OF THE TIMING ALLOTTED TO THE PETITIONER'S SERVICE AS PER PROCEEDING NO. C2/3347/2018/1D DATED 26.09.2018 TO OPERATE SERVICE ON THE ROUTE CHANGANASEERY TO BALANPILLACITY Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.