Mathew M J vs The Secretary, Regional Transport ...
2024 Latest Caselaw 8799 Ker

Kerala High Court

Mathew M J vs The Secretary, Regional Transport ... on 27 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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                         WP(C) NO. 12565 OF 2024
PETITIONER:

              MATHEW M J
              AGED 38 YEARS
              S/O JOSEPH , MUNDAKAL HOUSE, MUNDAKUTTY PO,
              KUPPADITHARA ,WAYANAD, PIN - 670645

              BY ADV STALIN PETER DAVIS


RESPONDENT

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
              CIVIL STATION , KALEPETTA NORTH ,
              WAYANAD, PIN - 673122

              SMT.REKHA C.NAIR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12565 Of 2024
                                    2




                          JUDGMENT

Dated this the 27th day of March, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Kuppadithara IPP Centre-

Padijarathara-Mananthavady via Arambettakkunnu,

Kupadithara, 5th Mile, 6th Mile, Kudala, Kammana,

Karinthirikadavu Bridge. Permit is issued in respect of Stage

Carriage bearing No. KL-30A-6600.

2. On account of increased number of services and

traffic block, the petitioner is not in a position to operate the

service properly adhering to the timing. So, the petitioner is

experiencing difficulties in conducting service. There are

changed circumstances for revision of timings.

3. The petitioner submitted Ext.P1 application for

revision of timings. The writ petition is filed by the petitioner WP(C) NO.12565 Of 2024

seeking direction to the respondent to consider the application

for revision of timings.

4. Government Pleader submits that the Chief

Electoral Officer has issued a communication No.EL8/2/2024-

ELEC dated 20.03.2024 directing that the Regional Transport

Authority Board meetings and the process of issue of Permits

and convening of the time conferences should be deferred till

the election process is over.

4. Heard.

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

of timing which has statutory support. 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 three WP(C) NO.12565 Of 2024

months in accordance with law and after giving opportunity of

hearing to the affected parties.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.12565 Of 2024

APPENDIX OF WP(C) 12565/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 15/3/2024