IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WA.No. 1153 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7096/2011 Dated 08/03/2011 .................... APPELLANT(S): PETITIONER ------------------------ K.ABOOBACKER, S/O.MAMMED, KODALIPULIKOTTIL HOUSE, PULPATTA P.O., (VIA) MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): RESPONDENT ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505. BY SR. GOVERNMENT PLEADER, MS.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. CJ & P.S.GOPINATHAN, J. ---------------------------------- W.A. No.1153 of 2011 --------------------------------- Dated, this the 11th day of October, 2011 J U D G M E N T Ramachandran Nair, Ag.CJ. Heard both sides. 2. Even though the learned Single Judge did not find any circumstance justifying reconsideration of time schedule given for operation of appellant's vehicle, learned Government Pleader submitted that the RTO on Ext.P3 application submitted by the appellant issued notice of hearing, and if the time schedule granted does not work out economical for the appellant, he is certainly free to make suggestions for the RTO to consider change of timing for operation which has to be considered with reference to the time schedule granted to other operators in the same route. We feel, the RTO should consider the appellant's claim and if any change of time W.A.No.1153/2011 -2- schedule is proposed and if the RTO feels any justification to change the time schedule for appellant's vehicle he should follow the procedure, hear the objection of other operators, if any, and settle timings. This Writ Appeal is therefore allowed vacating the judgment of the learned Single Judge and with a direction to the RTO to consider appellant's claim in accordance with the procedure prescribed. This Writ Appeal is allowed as above. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE jg