Sudheer vs The Secretary, Regional Transport ...
2024 Latest Caselaw 18605 Ker

Kerala High Court

Sudheer 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. 23031 OF 2024
PETITIONER:

         SUDHEER.
         AGED 46 YEARS, S/O. NADARAJAN,
         RAHUL NIVAS, KAVALAYOOR, KANAMBOOR,
         THIRUVANANTHAPURAM 695144.

         BY ADVS.
         O.D.SIVADAS
         VARGHESE THOMAS


RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         THIRUVANANTHAPURAM RURAL,
         (ATTINGAL), PIN - 695601.

         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.23031 of 2024
                                :2:




                        JUDGMENT

Dated this the 27th day of June, 2024

The petitioner is an existing Stage Carriage operator on

the route Attingal - Kadakkal and the permit is issued in

respect of Stage Carriage bearing registration

No.KL-16/D-5499. As per the existing timing, the service of the

petitioner is proceeding at 8.32 am from Attingal which arrives

at Kllimanoor at 9.02 and reaches Kallara at 9.40 am.

Similarly, for the afternoon trip, the service of the petitioner is

proceeding at 3.27 pm, which arrives at Kilimanoor at 3.50 pm.

2. Since there are other services on the sector, there

is time clash and the petitioner submitted a request to revise

the timing slightly so as to avoid the time clash. So,

appropriate direction may be given to the respondent to

consider the request, contends the Counsel for the petitioner.

3. 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.

4. Heard.

5. It is evident that Ext.P2 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.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) 23031/2024

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE PRESENT TIMING ALLOTTED TO THE PETITIONER AS PER PROCEEDING DATED 13.11.2013 Exhibit P2 TREUE COPY OF THE REQUEST DATED 19/06/2024 SUBMITTED BY THE PETITIONER