Abdul Nazar A.C vs The Secretary
2024 Latest Caselaw 14193 Ker

Citation : 2024 Latest Caselaw 14193 Ker
Judgement Date : 29 May, 2024

Kerala High Court

Abdul Nazar A.C vs The Secretary on 29 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                    WP(C) NO. 19235 OF 2024
PETITIONER:

         ABDUL NAZAR A.C.
         AGED 49 YEARS
         S/O UMMAR, ATHANIKKAL CHERUVATHUNJALIL HOUSE,
         KUNDUKAD, PATTITHARA, PALAKKAD, PIN - 679534

         BY ADV LAVARAJ M.G.


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         REGIONAL TRANSPORT OFFICE,
         CIVIL STATION P.O., PALAKKAD,
         PIN - 678001

         SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 29.05.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.19235 of 2024
                                 2




                          JUDGMENT

Dated this the 29th day of May, 2024

The petitioner is a Stage Carriage permit holder

operating on the route Edappal-Koottanad in respect of Stage

Carriage bearing registration No.KL-11AV-0318. The

petitioner's service is in operation from the year 2000 onwards

with a settled set of timings.

2. As per the timings issued in the year 2000, the

petitioner's service departs from Koottanad at 12.35 p.m. in

the noon and 4.15 p.m. in the evening. While so, when the

timings of Stage Carriage bearing registration No.KL-11P-

1170 operating on the route Kuttippuram-Koottanad were

revised, the petitioner's departure time from Koottanad at

12.35 p.m. and 4 15 p.m. was given to that service and the

petitioner's departure time from Koottanad was changed as

12.30 p.m. and 4.02 p.m. respectively.

3. Though the changes were noted in the proceedings

of Stage Carriage No.KL-11P-1170, the same was not noted

in the petitioner's timings. But, the petitioner is operating with

the changed timings as on date without any objection from

other Operators on the route in question. In the instant case,

the petitioner intends to make an endorsement of two time

slots, which were revised while revising another service. The

limited prayer in this writ petition is for a direction to consider

and pass orders on Ext.P3 request submitted by the

petitioner.

4. The Government Pleader submits that if Ext.P3

application has been received and complete in all respects

and is pending, the same can be considered in accordance

with law.

5. I have heard the learned counsel for the petitioner

and the learned Senior Government Pleader representing the

respondent.

6. Taking into consideration the fact that the

application of the petitioner is for endorsing the revision of

timing, I am of the view that the respondent can consider the

same and take appropriate decision thereon within a

reasonable time.

The writ petition is therefore disposed of directing that if

Ext.P3 application submitted by the petitioner is received by

the respondent-Secretary, Regional Transport Authority and it

is complete in all respects, the same shall be considered by

the respondent and appropriate decision shall be taken

thereon within a period of one month.

Sd/-

N.NAGARESH JUDGE spk

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE EDAPPAL - KOOTTANAD IN RESPECT OF STAGE CARRIAGE KL 11 AV 0318 DATED 19.06.2023 Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO THE PETITIONER'S SERVICE DATED 22.3.2000 Exhibit P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER IN THIS REGARD DATED 01.04.2024