Shaijo.K.S vs The Secretary, Regional Transport ...
2024 Latest Caselaw 6430 Ker

Kerala High Court

Shaijo.K.S vs The Secretary, Regional Transport ... on 6 March, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
                  WP(C) NO. 8404 OF 2024
PETITIONER:

         SHAIJO.K.S
         AGED 45 YEARS, S/O. SREEDHARAN,
         KALATHIL HOUSE, MALAYANKUNNU,
         SOUTH ADUVASSERY, KUNNUKARA,
         ERNAKULAM DISTRICT - 683578.

         BY ADV O.D.SIVADAS


RESPONDENTS:

    1    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, KAKKANAD,
         ERNAKULAM,, PIN - 682030.

    2    NAVEEN P JOHN,
         S/O, JOHN, AGED 39 YEARS,
         PANIKULANGARA HOUSE, THURUTHISSERY,
         MEKKAD.P.O., ANGAMALY,
         ERNAKULAM DISTRICT - 682030.

         BY ADV.SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.8404 of 2024

                               :2:

                       JUDGMENT

Dated this the 6th day of March, 2024

The petitioner is an existing Operator conducting on

the route North Paravur - Manjaly - Aduvassery - Angamaly

- Manjapra - Thavalappara and the permit is issued to

stage carriage No.KL-17/D-2302. The petitioner is presently

conducting service on the basis of timing allotted on

28.10.2008. On account of change of departure time of 6.03

pm to 6.05 pm from Angamaly to Manjapra sought by the

operator of stage carriage No.KL-05U-9629, the timing at

6.03 pm would become vacant and the allotment of the

same timing is highly beneficial to the travelling public and

also the petitioner. Accordingly, the petitioner had submitted

a request for revision of timing, contends the Counsel for the

petitioner.

2. I have heard the learned Counsel for the

petitioner and the learned Government Pleader representing

the 1st respondent.

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

revision of timing which has statutory support. Therefore, it

is necessary that the competent authority considers Ext.P3

in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the

1st respondent-Secretary, Regional Transport Authority to

consider Ext.P3 application submitted by the petitioner along

with the application submitted by the 2 nd respondent 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 ams

APPENDIX OF WP(C) 8404/2024

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE TIME SHEET OF THE PETITIONER'S SERVICE ISSUED VIDE ORDER NO. C5/132139/2008/E DATED 28.10.2008 Exhibit P2 THE COPY OF THE JUDGMENT IN WP(C) NO.

                  3877   OF   2024   DATED    31/01/2024
                  RENDERED BY THIS HON'BLE COURT
Exhibit P3        REQUEST SUBMITTED BY THE PETITIONER

BEFORE THE 1ST RESPONDENT 10.02.2024 FOR REVISION OF TIMING.