K. Abdul Hakkeem vs The Secretary, Regional Transport ...
2024 Latest Caselaw 15907 Ker

Kerala High Court

K. Abdul Hakkeem 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. 19203 OF 2024
PETITIONER:

         K. ABDUL HAKKEEM
         AGED 46 YEARS
         S/O MUHAMMED YOUSAF,
         PERUNTHENI THERUVU, PUDUNAGARAM P.O,
         PALAKKAD, PIN - 678503

         BY ADV G.CHITRA


RESPONDENTS:

    1    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         KENATHUPARAMBU, KUNATHURMEDU,
         PALAKKAD - 678001
 ADDL R2 R.MANIKANDAN
         S/O K.A. MENON,
         RESIDING AT WEST KARATT HOUSE,
         WEST THARA, KOLLENGODE,
         PALAKKAD.
         PIN-678506
 ADDL R3 MADHUSOODHANAN R.
         AGED 49 YEARS
         S/O. RAMANKUTTY, MATTUKADU HOUSE,
         KUZHALMANNAM P.O., PALAKKAD
         PIN-678702

         ARE IMPLEADED AS ADDL R2 AND ADDL R3 AS PER ORDER
         DATED 06.06.2024 IN I.A. NOS.1 AND 2 OF 2024.
 WP(C) No.19203 of 2024
                           2




         BY ADVS.
         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER
         SRI. SAJEEVKUMAR K GOPAL-ADDL R2
         SRI.SAJU J.VALLYARA-ADDL R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.19203 of 2024
                               3




                          JUDGMENT

Dated this the 6th day of June, 2024

The petitioner, who is an existing Stage Carriage

Operator, has approached this Court seeking to direct the 1 st

respondent-Secretary Regional Transport Authority to

consider and pass final orders on Ext.P1 application

submitted by the petitioner for modification of the time

schedule in respect of his Stage Carriage bearing registration

No.KL-12C-2948.

2. The petitioner states that as per the existing

timings, the service reaches Koduvayur at 5.10 p.m. and an

unnecessary halt of 7 minutes with passengers at Koduvayur

Bus Stop causes inconvenience to the travelling public and

affects the peaceful operation of the service. Similarly, slight

modification in the departure time of five trips is also essential

in view of the introduction of various services on sectors on

the route, as well as changes in timings with respect to other

services.

3. In view of the above circumstances, the petitioner

submitted an application to make changes in the time

schedule of his service. As per Rule 212 of the Kerala Motor

Vehicles Rules, 1989, the 1st respondent is the authority to

consider Ext.P1 request submitted by the petitioner and to

make necessary changes in the timings of the service. Any

delay in considering the same results impossibility of the

operation of the petitioner's service and will only defeat the

purpose of the submission of the application itself. Hence, the

petitioner is before this Court.

4. Additional respondents 2 and 3 submitted that the

petitioner was already granted a set of timings, which was

challenged by the petitioner before the State Transport

Appellate Tribunal in MVARP No.83/2022 and additional

respondents 2 and 3 are parties therein. When the said issue

is pending consideration, the petitioner cannot aspire for

another set of timings. Unless the petitioner withdraws the writ

petition, the petitioner cannot file a fresh application for

revision of timings.

5. Heard.

6. I am of the view that these are matters which can

be considered by the Secretary himself while deciding the

issue.

The writ petition is therefore disposed of directing the

1st 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, after giving opportunity of

hearing to the petitioner and additional respondents 2 and 3.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 19203/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 18.05.2024