Santhosh C.T vs The Secretary
2024 Latest Caselaw 19032 Ker

Kerala High Court

Santhosh C.T vs The Secretary 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. 23263 OF 2024
PETITIONER:

         SANTHOSH C.T.
         AGED 52 YEARS, S/O.THANKAPPAN CHIRAKKAL,
         PAINGOTTOOR P.O., KADAVOOR, ERNAKULAM,
         PIN - 686 671.

         BY ADV
              P.ABANI

RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         MADAVOOR P.O., VAZHAPPILLY,
         MUVATTUPUZHA, PIN - 686 669.

         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:
 W.P.(C) No.23263 of 2024
                                     :2:




                               JUDGMENT

Dated this the 28th day of June, 2024

The petitioner is the owner of the Stage Carriage

bearing registration No.KL-06F-6566 and is conducting

Stage Carriage service through Vavely-Uppukandom-

Thodupuzha-Kothamangalam-Paingottor-Perummankandom.

The Stage Carriage Permit was issued to the petitioner in the

above route long ago, more than fifty years back. Due to

increased number of services and traffic blocks, the

petitioner is not in a position to operate the service properly

adhering to the timings. The petitioner is experiencing

difficulties in conducting service. There is changed

circumstances for revision of timings. Therefore, the

petitioner submitted Ext.P3 application before the respondent

for revision of timings. No action is taken by the respondent

on Ext.P3 application submitted by the petitioner, contends

the petitioner.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader representing the

respondent.

3. It is evident that Ext.P3 is an application for

change of timing which has a statutory flavour in view of

Rule 145 (7) of the Kerala Motor Vehicle Rules, 1989.

Therefore, it is necessary that the competent authority

should consider Ext.P3 in accordance with law within a

reasonable time.

The writ petition is therefore disposed of directing

the respondent to consider Ext.P3 application 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 AMR

APPENDIX OF WP(C) 23263/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TIME SCHEDULE ISSUED BY THE REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA DATED 01.12.2021.

Exhibit P2 TRUE COPY OF CERTIFICATE OF REGISTRATION OF STAGE CARRIAGE BEARING NO. KL06F 6566 DATED 10.04.2012.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.06.2024 BEFORE RESPONDENT.