Abdul Rasheed M vs the Regional Transport Authority Kollam

Abdul Rasheed M vs The Regional Transport Authority Kollam

Type Court Judgment Court Kerala Decided Mar 01, 2024

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https://sooperkanoon.com/case/1313351

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Citation: sooperkanoon.com/1313351
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Mar 01, 2024
Case Number: WP(C)/8354/2024

Parties & Advocates

Appellant / Petitioner

Abdul Rasheed M

Respondent

The Regional Transport Authority Kollam

Excerpt

.....vehicle bearing registration no.kl-25l-6891 covered by ext.p1 permit, whereby the current departure time 02:20 pm from kannanalloor to kollam may be revised to 02:15 pm, since currently both the 1st petitioner's stage carriage service and the 2nd petitioner's stage carriage service are issued with the same departure time of 02:20 pm from kannanalloor to head towards kollam.:3:3. even though ext.p5 representation has been taken to file, the respondents insist that the same can be considered only if otherwise ordered by this court, contends the petitioners.4. heard the learned counsel for the petitioners and the learned government pleader representing the respondents.5. it is evident that ext.p5 is an application forchange of timing which has a statutory flavour. therefore, it is necessary that the competent authority should consider ext.p5 in accordance with law within a reasonable time. the writ petition is therefore disposed of directing the respondent to consider ext.p5 application submitted by the petitioners and take appropriate decision thereon within a period of two months in accordance with law and after giving an opportunity of hearing to all affected parties.sd/- n. nagaresh judge amr :4: appendix of wp(c) 8354/2024 petitioner’s exhibits exhibit p1 a true copy of the regular permit dated 10.12.2020. exhibit p2 a true copy of the regular permit dated 01.11.2021. exhibit p3 a true copy of the time schedule issued to the 1st petitioner's stage carriage service dated 23.09.2014. exhibit p4 a true copy of the time schedule issued to the 2nd petitioner's stage carriage service dated 30.11.1998. exhibit p5 a true copy of the joint representation dated 29.07.2023.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO. 8354 OF 2024 PETITIONERS: 1 ABDUL RASHEED M AGED 57 YEARS, S/O M.M. ISMAYIL, THENGUVILAVEEDU, THADICADU P.O., KOLLAM, PIN - 691 306. 2 VIJAYARAJU P AGED 58 YEARS, C/O PRESENTATION E, BROTHERS NIVAS, KANNANALLUR P.O., KOLLAM, PIN - 691 576. BY ADVS. NAZRIN BANU P.DEEPAK RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY KOLLAM REPRESENTED BY ITS SECRETARY, 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY KOLLAM BY SREEJITH V.S, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 1st day of March, 2024 The petitioners are Stage Carriage Operators. The 1st petitioner's ordinary Stage Carriage service is operating on the route Punalur-Kollam and the 2 nd petitioner's ordinary Stage Carriage service is operating on the route Kottiyam-Ammachiveedu.

2. The petitioners state that they filed Ext.P5 joint

representation for Revision of Timings of the 1st petitioner's Stage Carriage service operated using vehicle bearing registration No.KL-25L-6891 covered by Ext.P1 permit, whereby the current departure time 02:20 PM from Kannanalloor to Kollam may be revised to 02:15 PM, since currently both the 1st petitioner's Stage carriage service and the 2nd petitioner's stage carriage service are issued with the same departure time of 02:20 PM from Kannanalloor to head towards Kollam.

:3:

3. Even though Ext.P5 representation has been taken to file, the respondents insist that the same can be considered only if otherwise ordered by this Court, contends the petitioners.

4. Heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.

5. It is evident that Ext.P5 is an application for

change of timing which has a statutory flavour. Therefore, it is necessary that the competent authority should consider Ext.P5 in accordance with law within a reasonable time. The writ petition is therefore disposed of directing the respondent to consider Ext.P5 application submitted by the petitioners and take appropriate decision thereon within a period of two months in accordance with law and after giving an opportunity of hearing to all affected parties.

Sd/- N. NAGARESH JUDGE AMR :4: APPENDIX OF WP(C) 8354/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT DATED 10.12.2020. Exhibit P2 A TRUE COPY OF THE REGULAR PERMIT DATED 01.11.2021. Exhibit P3 A TRUE COPY OF THE TIME SCHEDULE ISSUED TO THE 1ST PETITIONER'S STAGE CARRIAGE SERVICE DATED 23.09.2014. Exhibit P4 A TRUE COPY OF THE TIME SCHEDULE ISSUED TO THE 2ND PETITIONER'S STAGE CARRIAGE SERVICE DATED 30.11.1998. Exhibit P5 A TRUE COPY OF THE JOINT REPRESENTATION DATED 29.07.2023.

Same Court & Year Kerala · 2024 Same Parties Abdul Rasheed M vs The Regional Transport Authority Kollam Same Judge Honourable Mr.Justice N.Nagaresh