Joseph M K vs The Secretary, Regional Transport ...
2024 Latest Caselaw 13927 Ker

Kerala High Court

Joseph M K vs The Secretary, Regional Transport ... 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. 19163 OF 2024
PETITIONER:

         JOSEPH M K
         AGED 54 YEARS
         S/O KURIAKOSE, MATTATHUMALIL HOUSE,
         ACHOORANAM PO, POZHUTHANA, WAYANAD, PIN - 673575

         BY ADV STALIN PETER DAVIS


RESPONDENT:

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

         SRI.BINOY DAVIS, 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.19163 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 Kalpetta-Mananthavady via

Kainatty, Kaniyambetta, Vet Hospital, Pachilakkad and

Koilery. Permit is issued in respect of Stage Carriage bearing

registration No.KL-12L-3760.

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

timings of other services on the routes, 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) 19163/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 20/5/24