Rinju Natarajan vs The Secretary, Regional Transport ...
2024 Latest Caselaw 18872 Ker

Kerala High Court

Rinju Natarajan vs The Secretary, Regional Transport ... on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 23287 OF 2024
PETITIONER:

         RINJU NATARAJAN.
         AGED 38 YEARS, S/O. NADARAJAN, RAHUL NIVAS,
         KAVALAYOOR, KANAMBOOR, THIRUVANANTHAPURAM
         DISTRICT,PIN - 695144.

         BY ADVS.
         O.D.SIVADAS
         VARGHESE THOMAS

RESPONDENT:

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

         BY ADV.
         S GOPINATHAN - SENIOR GOVERNMENT PLEADER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.23287 OF 2024
                               :2:


                          JUDGMENT

Dated this the 28h day of June, 2024

The petitioner is an existing stage carriage

operator on the route Kallara - Chilakkoor Temple and the

permit is issued in respect of stage carriage bearing No. KL

16/F 5353. As there is another service from Kilimanoor at

6.35 am and similarly, at 12.54 pm, the petitioner is

experiencing time clash with the said service. So, the

petitioner had sought revision of timing so as to depart from

Kilimanoor at 6.40 am and instead of 6.35 am and 12.57 pm

instead of 12.54 pm. By slight changes, the petitioner will be

in a position to operate service properly. So, appropriate

direction to the respondent to consider the request is

necessary in the interest of justice.

2. Heard the learned Counsel for the petitioner and

the learned Senior Government Pleader representing the

respondent.

WP(C) NO.23287 OF 2024

3. It is evident that Ext.P2 is an application for

change of timing which has a statutory flavour in view of Rule

145(7) of the Kerala Motor Vehicles Rules, 1989. Therefore,

it is necessary that the competent authority should consider

Ext.P2 in accordance with law within a reasonable time.

The writ petition is therefore disposed of directing

the respondent to consider Ext.P2 application and take

appropriate decision thereon within a period of two months, if

the application is received and pending, in accordance with

law and after giving an opportunity of hearing to the affected

parties.

Sd/-

N. NAGARESH JUDGE pvv WP(C) NO.23287 OF 2024

APPENDIX OF WP(C) 23287/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PROCEEDING NO.

C10/3576/ATL/2015 DATED 17.2.2016.

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 19.06.2024 SUBMITTED BY THE PETITIONER