Jamshad Nadakkumeethal vs The Secretary
2024 Latest Caselaw 33031 Ker

Kerala High Court

Jamshad Nadakkumeethal vs The Secretary on 14 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                         2024:KER:85928

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE D. K. SINGH

   THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946

                        WP(C) NO. 40166 OF 2024

PETITIONER:

          JAMSHAD NADAKKUMEETHAL,
          AGED 43 YEARS
          S/O. ABDULLA, MADAKKUMEETHAL HOUSE,
          THORAYI, ATHOLI, KOZHIKODE, PIN - 673315

          BY ADV
          O.D.SIVADAS


RESPONDENTS:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, KOZHIKODE,
          PIN - 676505

          BY ADV
          SRI. SREEJITH V.S.-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40166 OF 2024           2


                                                    2024:KER:85928


                       D. K. SINGH, J.
                   --------------------------
               W.P.(C) No. 40166 of 2024
                    -------------------------
        Dated this the 14th day of November, 2024


                           JUDGMENT

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 P1 request for revision of timing of the

petitioner's service bearing No. KL 76 D 1783, conducting service

on the route Ulliyeri - Kozhikode - Kavumthara and pass necessary

order after hearing the petitioner and other 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 P1 request 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 P1 application, the petitioner will be put to

difficulties.

2024:KER:85928

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.

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 P1

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 MSA

2024:KER:85928 APPENDIX OF WP(C) 40166/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUEST DATED 23.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH ENGLISH TRANSLATION