Anvar.S vs The Secretary Regional Transport ...
2024 Latest Caselaw 14474 Ker

Kerala High Court

Anvar.S 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. 19681 OF 2024
PETITIONER:

         ANVAR.S.
         AGED 30 YEARS, VEDANTHYATTU VEEDU,
         MANAKKARA SASTHAMCOTTAH,
         KOLLAM DISTRICT, PIN - 690521.

         BY ADV PRASAD CHANDRAN


RESPONDENT:

         THE SECRETARY REGIONAL TRANSPORT AUTHORITY,
         KOLLAM, OFFICE OF THE REGIONAL TRANSPORT
         OFFICER, CIVIL STATION,
         KOLLAM., PIN - 695013.

         BY ADV.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:
 W.P.(C)No.19681 of 2024
                                :2:


                       JUDGMENT

Dated this the 31st day of May, 2024

The petitioner is the holder of a Regular Permit

conducting service on the route Cheriyazheekkal - Kundara -

Mukkada in respect of his Stage Carriage bearing

No.KL-36/6359 (Old vehicle KL-23/6477) with settled set of

timings issued on 13.02.2009. The petitioner submitted

Ext.P2 request for revision of timings. As per Rule 145 (7) of

the Kerala Motor Vehicle Rules, the timings are to be revised.

Unless and until Ext.P2 request is considered and finalised,

the petitioner will be put to great prejudice and hardship. The

respondent is duty bound to take into consideration Ext.P2

request of the petitioner and settle the timings, contends the

Counsel for the petitioner.

2. 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 opportunity of

hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 19681/2024

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TIMINGS OF THE PETITIONER'S SERVICE DATED 13.02.2009 Exhibit P2 TRUE COPY OF THE REQUEST FOR REVISION OF TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 03.12.2024