Biju C.A vs The Secretary
2024 Latest Caselaw 13861 Ker

Kerala High Court

Biju C.A vs The Secretary on 28 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                WP(C) NO. 19065 OF 2024
PETITIONER:

         BIJU C.A.,
         AGED 54 YEARS,
         S/O AYYAPPAN,
         CHATHANKUDIYIL HOUSE,
         KOZHIKOTTUKULANGARA,
         VENGOOR, KOMBANAD P.O.,
         ERNAKULAM DISTRICT,
         PIN - 683544

         BY ADV. SRI.SAJEEV KUMAR K.GOPAL


RESPONDENT:

         THE SECRETARY,
         THE REGIONAL TRANSPORT AUTHORITY,
         MINI STATION, PAZHAPALLY,
         MUDAVOOR P.O.,
         MUVATTUPUZHA, PIN - 686669

         BY ADV. SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19065/2024
                               :2:




                         JUDGMENT

Dated this the 28th day of May, 2024

The petitioner is an existing Operator conducting

service on the route Vaveli-Perumbavoor. Permit is issued

in respect of Stage Carriage bearing No.KL-40V-1177. The

petitioner is operating the service on the basis of the

timings allotted in the year 2004.

2. On account of increased number of services and

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

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

experiencing difficulties in conducting service. There are

changed circumstances for revision of timings. Therefore,

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.

3. Heard.

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

change of timing which has statutory support. 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 an

opportunity of hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 19065/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE BEARING REGISTRATION NO.KL-40V-1177.

Exhibit P2              TRUE COPY OF THE REQUEST FOR REVISION
                        OF    TIMINGS   SUBMITTED    BY   THE

PETITIONER DATED 15-05-2024 BEFORE THE RESPONDENT.