IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 34817 of 2009(V) ---------------------------------------- PETITIONER(S): ------------------------ KANAKADAS M., MELADATH HOUSE, P.O. MUCHUKUNNU, KOYILANDY, VADAKARA. BY ADV. MR.I.DINESH MENON RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA. BY SR. GOVERNMENT PLEADER MR.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34817/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS DTD. 26/04/2003. P2: COPY OF THE NOTICE DTD. 5/09/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.34817 of 2009 ---------------------------- Dated 21st January, 2010 JUDGMENT The petitioner is a stage carriage operator operating the stage carriage bearing registration No.KL-11 Q 1621 on the route Purakkad – Koyilandy – Meppayoor – Keezhariyoor. The stage carriage permit in respect of the said vehicle was issued after timings were settled on 26.4.2003. In view of the change in circumstances, including introduction of new services and change of timings of other services, the petitioner moved the respondent by submitting Ext.P2 letter dated 5.9.2009 for revision of timings of his stage carriage bus. The petitioner submits that under rule 145(7) of the Kerala Motor Vehicles Rules, revision of timings can be sought if there is change in circumstances after the stage carriage operator commences his service, including introduction of other services, changes in the railway timings and also change of timings of other operators and therefore, the respondent ought to have considered the request made by him in Ext.P2 and take a decision thereon expeditiously. In this writ petition, the petitioner seeks a direction to the respondent to consider the request made by him in Ext.P2 and to take a decision thereon within a time limit to be fixed by this Court. 2. Sri.K.S.Mohammed Hashim, the learned Senior Government Pleader submits on instructions that a large number of WP(C).No.34817/2009 2 operators on the route will be affected if the timings settled in respect of the petitioner's stage carriage are revised, that a large number of applications for revision of timings are also pending with the respondent and that was the reason why, orders could not be passed on Ext.P2 till date. The learned Government Pleader however submits that the respondent will take an expeditious decision on Ext.P2 request made by the petitioner. Having regard to the fact that more than three months have passed after submitting Ext.P2 representation, I dispose of this writ petition with a direction to the respondent to consider Ext.P2 request made by the petitioner and pass orders thereon expeditiously and in any event, within two months from the date on which the petitioner produces a certified copy of this judgment before him. The respondent shall before passing orders as directed above, afford the petitioner and other stage carriage operators who would be affected by the revision of timings sought by the petitioner, a reasonable opportunity of being heard and shall after orders are passed communicate copies thereof to all the parties who attended the hearing. P.N.RAVINDRAN Judge TKS