Davis B.O vs The Secretary, Regional Transport ...
2024 Latest Caselaw 14428 Ker

Kerala High Court

Davis B.O vs The Secretary, Regional Transport ... on 31 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
       FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                         WP(C) NO. 19371 OF 2024
PETITIONER:

              DAVIS B.O
              AGED 60 YEARS
              S/O. OUSEPH, BHARANIKULANGARA,
              VATTAPPARAMBU.P.O., ANGAMALY,
              ERNAKULAM DISTRICT,, PIN - 683579

              BY ADV DEVIKA R.


RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              CIVIL STATION, KAKKANAD,
              ERNAKULAM,, PIN - 682030

              SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.19371 Of 2024
                                  2




                           JUDGMENT

Dated this the 31st day of May, 2024

The petitioner is an existing Operator conducting Stage

Carriage service on the route Angamaly-North Parur. Permit is

issued in respect of Stage Carriage bearing No. KL-40-2633.

The petitioner is operating the service on the basis of the

timings allotted on 31.01.2005.

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.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.

WP(C) No.19371 Of 2024

4. Heard.

5. 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 opportunity of

hearing to the affected parties.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.19371 Of 2024

APPENDIX OF WP(C) 19371/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING NO.

C5/67277/2004/E DATED 31.01.2005 ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 26.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT WITH PROPOSED SET OF TIMING.