Binith Balan vs The Secretary Regional Transport ...
2024 Latest Caselaw 33334 Ker

Kerala High Court

Binith Balan vs The Secretary Regional Transport ... on 15 November, 2024

WP(C) NO. 40511 OF 2024

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                                                     2024:KER:85848
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE BASANT BALAJI

    FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                      WP(C) NO. 40511 OF 2024

PETITIONER:

          BINITH BALAN,
          AGED 38 YEARS
          S/O. BALAN, SARANG CHEEKKOTH HOUSE, KALLIKKANDY .P.O.,
          THALASSERY, KANNUR DISTRICT, PIN - 670693


          BY ADV PRASAD CHANDRAN


RESPONDENT:

          THE SECRETARY REGIONAL TRANSPORT AUTHORITY, VATAKKARA,
          REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION,
          VATAKKARA, PIN - 673101



OTHER PRESENT:

          SR GP SRI. S. GOPINATHAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40511 OF 2024

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                                                                2024:KER:85848
                                  JUDGMENT

(Dated this the 15th day of November 2024)

The present writ petition has been filed by the petitioner

seeking a writ of mandamus directing the respondent to consider

and pass orders on Ext.P2 request of the petitioner for revision of

timings in respect of his stage carriage bearing No.KL-18/R-9923

on the route Thottilpalam-Thalassery, via Kuttiadi, Nadapuram

Peringathur after hearing the petitioner and other interested

operators.

2. The learned Counsel for the petitioner submits due to

traffic congestion in the route, the present service cannot be

operated. Hence, he submitted Ext.P2 request dated 07.10.2024

suggesting vacant set of proposed timings, which will be beneficial

to the commuters to cater the needs through the said route.

3. The learned Government Pleader submits that necessary

decision will be taken on the request of the petitioner in accordance

with the law after affording an opportunity of hearing to all affected

parties.

Considering the above submission of the learned WP(C) NO. 40511 OF 2024

2024:KER:85848 Government Pleader, the present writ petition stands disposed of

with a direction to the respondent to consider the Ext.P2 request

dated 07.10.2024 submitted by the petitioner, in accordance with

the law after affording an opportunity of hearing to the petitioner

and other interested operators, within a period of two months from

the date of receipt of a certified copy of this judgment.

Sd/-

BASANT BALAJI JUDGE

saap WP(C) NO. 40511 OF 2024

2024:KER:85848 APPENDIX OF WP(C) 40511/2024

PETITIONER EXHIBITS

Exhibit.P1. A TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE KL-18/R 9923 WITH THE SET OF TIMINGS ISSUED TO THE PETITIONER VALID TILL 19.05.2026

Exhibit.P2. A TRUE COPY OF THE REQUEST FOR REVISION OF TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 07.10.2024

//True copy//PA to Judge