N.K Abdul Majeed vs The Secretary, Regional Transport ...
2024 Latest Caselaw 18601 Ker

Kerala High Court

N.K Abdul Majeed vs The Secretary, Regional Transport ... on 27 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 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                WP(C) NO. 22955 OF 2024
PETITIONER:

         N.K ABDUL MAJEED
         AGED 45 YEARS
         S/O MOYIN, NELLIKUNNUMMAL,
         PO KODUVALLY,
         KOZHIKODE - 673572.

         BY ADV STALIN PETER DAVIS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY
         KOZHKODE , REGIONAL TRANSPORT OFFICE,
         CIVIL STATION, KOZHIKODE, PIN - 678002.

         BY ADV.SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.22955 of 2024
                                :2:




                         JUDGMENT

Dated this the 27th day of June, 2024

The petitioner states that he is the transferee of the

permit on the route Kozhikode - Thiruvambady - Koodaranji -

Perumoola with Stage Carriage No.KL-12/C-9399. The

introduction of new services and change of timings of other

services on the route, are creating unnecessary and unhealthy

competition and cause inconvenience to the traveling public.

Hence, the modification of time schedule in respect of the

petitioner's service became absolutely essential. The

petitioner's predecessor filed Ext.P1 application seeking

modification of the time schedule. The respondent is the

authority to consider the same. The respondent has not

considered or passed any order on Ext.P1 application which is

absolutely improper and without any justification, contends the

Counsel for the petitioner.

3. The petitioner submitted Ext.P1 application for

revision of timing. The writ petition is filed by the petitioner

seeking for a direction to the respondent to consider the

application for revision of timings.

4. Heard.

5. It is evident that Ext.P1 is an application for revision

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

Kerala Motor Vehicles Rules, 1989. 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 opportunity of

hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 22955/2024

PETITIONER EXHIBIT Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER PREDECESSOR BEFORE THE RESPONDENT DATED 17/I/24