Rohit Balan vs The Secretary, Regional Transport ...
2024 Latest Caselaw 30919 Ker

Kerala High Court

Rohit Balan vs The Secretary, Regional Transport ... on 23 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 37295 OF 2024               1

                                                             2024:KER:79227




               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MR. JUSTICE D. K. SINGH

   WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946

                          WP(C) NO. 37295 OF 2024

  PETITIONER:

              ROHIT BALAN,
              AGED 36 YEARS, S/O BALANANDAN ,
              ASWATHY , VENGODU, KUDAVOOR P.O.,
              THIRUVANTHAPURAM DISTRICT, PIN - 695313.

              BY ADV.
                 SRI. PRASAD CHANDRAN

  RESPONDENTS:

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

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

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
  ON   23.10.2024,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
  FOLLOWING:
 WP(C) NO. 37295 OF 2024                2

                                                           2024:KER:79227




                               D. K. SINGH, J.
                              --------------------------
                          W.P.(C) No. 37295 of 2024
                             -------------------------
                 Dated this the 23rd day of October, 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-02/AF-4067

operating on the route Chirayankeezhu Sarkara Temple - Kollam

Andamukkam 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, he 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

2024:KER:79227

petitioner will be put to difficulties.

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:79227

APPENDIX OF WP(C) 37295/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE KL-02/ AF 4067 DATED 17.11.2023

EXHIBIT P2 A TRUE COPY OF THE REQUEST FOR REVISION OF TIMINGS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 10.07.2024 ALONG WITH IN ENGLISH TRANSLATION