Mohammed Rafi vs The Secretary, Regional Transport ...
2024 Latest Caselaw 14478 Ker

Kerala High Court

Mohammed Rafi 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. 19557 OF 2024
PETITIONER:

              MOHAMMED RAFI
              AGED 39 YEARS
              S/O. AALI ACHUPARAMBAN,
              ACHUPARAMBAN HOUSE, AREECHOLA,
              NENMINI, THACHINGANADAM P.O.,
              MALAPPURAM DISTRICT, PIN - 679325

              BY ADVS.
              SAJU J.VALLYARA
              MARIA ANGEL


RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              MALAPPURAM CIVIL STATION,
              MALAPPURAM P.O., MALAPPURAM DISTRICT,
              PIN - 676505

              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.19557 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 Cherukode-Valarad. Permit is

issued in respect of Stage Carriage bearing No.KL-10AB-

3696. The petitioner is operating the service on the basis of

the timings allotted on 07.11.2022.

2. After issuance of Regular Permit to the petitioner, a

large number of services were introduced on the sectors of

the route and some of the services have surrendered their

Permits. As per the existing timings, the petitioner is not in a

position to conduct service smoothly, therefore slight changes

are necessary for betterment of service.

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 WP(C) No.19557 Of 2024

for revision of timings.

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.19557 Of 2024

APPENDIX OF WP(C) 19557/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL1010/18/2000 ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 19.05.2023 IN RESPECT OF STAGE CARRIAGE KL-10-AB-3696 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST DATED 18.04.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HER STAGE CARRIAGE KL-10-AB-3696