Shiny vs The Secretary
2024 Latest Caselaw 13926 Ker

Kerala High Court

Shiny 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. 19139 OF 2024
PETITIONER:

         SHINY
         AGED 43 YEARS
         W/O RATHEESH, R S BHAVAN, MUTTAPALAM PO,
         VARKALA, THIRUVANANTHAPURAM, PIN - 695145

         BY ADV STALIN PETER DAVIS


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         AVITOM COMPLEX , KIZHUVILAM PO,
         MAMMON, ATTINGAL, PIN - 695104

         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 28.05.2024,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.19139 of 2024
                                     2




                               JUDGMENT

Dated this the 28th day of May, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Varkala-Venjarammoodu.

Permit is issued in respect of Stage Carriage bearing

registration No.KL-60E-7889.

2. Due to the introduction of new services, change of

timings of other services on the route, creating unnecessary

and unhealthy competition as well as inconvenience to the

travelling public. Hence, modification of time schedule in

respect of the petitioner's service became absolutely

essential.

3. The petitioner therefore submitted Ext.P1

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.

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 two

months in accordance with law and after giving opportunity of

hearing to the affected parties.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 19139/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 23/4/24 FOR REVISION OF OWN TIMINGS