Muhammed Aharkhan.S vs The Secretary
2024 Latest Caselaw 32725 Ker

Kerala High Court

Muhammed Aharkhan.S vs The Secretary on 12 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39915 OF 2024                   1

                                                                 2024:KER:84925



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MR. JUSTICE D. K. SINGH

  TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                          WP(C) NO. 39915 OF 2024

  PETITIONER:

             MUHAMMED AHARKHAN S.,
             AGED 42 YEARS, S/O. SHAHUL,
             HAMEED NJARANEELI, THENNOOR, ELANJIYAM P. O.,
             THIRUVANANTHAPURAM, PIN - 695563.


             BY ADV.
                SRI. O. D. SIVADAS

  RESPONDENT:

             THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY,
             THIRUVANANTHAPURAM RURAL, (ATTINGAL),
             PIN - 695601.

             BY ADV.
                SRI. S. GOPINATHAN - SR. GP

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
  ON   12.11.2024,   THE    COURT    ON       THE   SAME   DAY   DELIVERED   THE
  FOLLOWING:
 WP(C) NO. 39915 OF 2024                2

                                                             2024:KER:84925




                            D. K. SINGH, J.
                           --------------------------
                       W.P.(C) No. 39915 of 2024
                             -------------------------
                Dated this the 12th day of November, 2024

                                JUDGMENT

1. The present writ petition has been filed by the petitioner

seeking a writ of mandamus directing the respondent to consider and

pass orders on Exhibit P-2 application of the petitioner for revision of

timing in respect of his stage carriage bearing No. KL 16/E 1234

operating on the route Kusavur - Kalingumukku after hearing the

petitioner and other interested operators.

2. The learned Counsel for the petitioner submits that for the

purpose of avoiding time clash with the other operators and also for

providing traveling facility to the public, slight changes to the existing

timing is necessary and therefore, the petitioner has submitted

Exhibit P-2 application for revision of timings. He further submits

that the respondent is not taking any steps to conduct timing

conference and any further delay in considering Exhibit P-2

application, the petitioner will be put to difficulties.

2024:KER:84925

3. The learned Government Pleader submits that necessary

decision will be taken on the application of the petitioner in

accordance with the law after affording an opportunity of hearing to

all affected parties.

4. Considering the said stand of the learned Government Pleader,

the present writ petition stands finally disposed of with a direction to

the respondent to consider the petitioner's Exhibit P-2 application in

accordance with the law after affording an opportunity of hearing to

the petitioner and other interested operators, within a period of two

months and pass necessary orders.

Sd/-

D. K. SINGH JUDGE Svn

2024:KER:84925

APPENDIX OF WP(C) 39915/2024

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE REGULAR PERMIT DATED 2.06.2023 ISSUED TO PETITIONER'S STAGE CARRIAGE BEARING NO. KL 16/E 1234

Exhibit P2 THE COPY OF THE REQUEST DATED 30.10.2024 ALONG WITH TRANSLATION