Petitioner sought revision of stage carriage timings before Regional Transport Authority. Court issued directions to RTO to consider request based on seniority expeditiously without expressing opinion on merits.
Directions issued to Respondent to consider request for revision of timings based on seniority expeditiously.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 1408 OF 2023
PETITIONER/S:
ABDU SAMAD K., AGED 46 YEARS S/O. SULAIMAN K., KADAMBIL HOUSE, PANDIKASALA, PAINKANNUR, KUTTIPPURAM, TIRUR, MALAPPURAM DISTRICT, PIN - 676122
BY ADV SAJU J.VALLYARA
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MALAPPURAM, CIVIL STATION, MALAPPURAM P.O., MALAPPURAM DISTRICT, PIN – 676505
GP SRI. SUNIL KUMAR KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1408 OF 2023
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JUDGMENT
Petitioner is a holder of stage carriage permit bearing No.KL-55-S0421 on the route Kuttippuram – Muthukurussi via Valanchery, Pookkattiri, Edayur, Bhaskaranpadi, Pang Chendi, Padaparambu, Puzhakkattiri, Angadippuram, Perinthalmanna, Cherukara, Pulamanthol, Onappuda, Kolathoor, Valanchery – Pulamanthol sector via Vengad, Moorkkanad, Ext.P1. Petitioner is conducting the service on the basis of the timings issued by the respondent on 25.2.2016. Since various fresh permits have been issued, there has been a change in the circumstances and therefore a request Ext.P3 dated 10.12.2022 has been submitted to the respondent for revision of the timing.
Without expressing any opinion on the merits of the matter, I dispose of the writ petition by issuing directions to the respondent to take a call on the request Ext.P3 dated 10.12.2022 for revision of timing as per the seniority, as expeditiously as possible, if submitted.
Sd/-
sab
AMIT RAWAL
JUDGE
WP(C) NO. 1408 OF 2023
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APPENDIX OF WP(C) 1408/2023
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL1010/3/2001 ISSUED BY THE RESPONDENT DATED 15.01.2021 TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-55-S-0421 Exhibit P2 PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO. C5/(D3)/5342/2016 DATED 25.02.2016 ISSUED BY THE RESPONDENT Exhibit P3 PHOTOCOPY OF THE REQUEST DATED 10.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR REVISION OF TIMINGS IN RESPECT OF HIS STAGE CARRIAGE KL-55-S0421
1 issue framed by the court
Whether the stage carriage permit holder is entitled to revision of timings based on seniority and change in circumstances.
Abdu Samad K.
The Secretary, Regional Transport Authority Malappuram
Gp Sri. Sunil Kumar KuriaKose
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
