IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 13344 of 2009(K) -------------------------- PETITIONER(S): --------------- TREESA ANTONY, PALAMPALLI HOUSE, THOPPUMPADY, KOCHI. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- THE REGIONAL TRANSPORT OFFICER/ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA. BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.13344 of 2009 -------------------------- Dated this the 29th July,2009 J U D G M E N T The petitioner, who is operating a stage carriage vehicle on the route Cherthala-Vyttila, has sought for revision of her own timings, which, according to her, was settled in the year 2006. The reasons stated are apparently, the introduction of new services and change of circumstances. 2. The application for revision of timings of one's own timings will have to be settled in terms of Rule 145(7) of the Motor Vehicles Rules. If there are special circumstances, as contemplated by Rule 145(7) of the Rules, the existence of such special circumstances will have to be found by the authority. Thus, the authority will have to consider the request and if he is of the opinion that there are sufficient reasons and he feels that the operator's request merits consideration under Rule 145(7) of the Rules, then orders shall be passed in this regard and only thereafter the request for revision of timings W.P ( C) No.13344 of 2009 2 should be boarded at a timing conference. 3. Accordingly, the respondent shall first pass an order on Ext.P1, keeping in mind Rule 145(7) of the Rules and if the respondent is of the opinion that there are special circumstances which necessitates consideration of petitioner's request for revision of her own timings, an order shall be passed and such order shall be communicated to the petitioner and any other operator, who is in need of a copy. Thereafter, mentioning the number of the order, the request for revision of timings made by the petitioner shall be included in a timing conference and an appropriate decision taken. The petitioner shall be given an opportunity of being heard, if the respondent is not inclined to accept the request of the petitioner as regards the maintainability of Ext.P1. The entire process shall be completed within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.13344 of 2009 3 W.P ( C) No.13344 of 2009 4