IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9498 of 2011(J) ------------------------- PETITIONER(S): --------------- T.SURESHKUMAR, THALETHODI HOUSE, VAYAPPARAPADI, MANJERI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676505. BY GOVERNMENT PLEADER SRI.ANIL BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9498 of 2011 ----------------------------------------- Dated this the 25th March, 2011 JUDGMENT The petitioner is a stage carriage operator operating two stage carriages, one on the route Vazhikadavu – Kozhikode via. Nilambur and Manjeri (KL-10/AF 7844) and the other on the route Pookottumpadam – Kozhikode via. Manjeri (KL-11/Y 5997). The stage carriage bearing registration No.KL-10/AF 7844 reaches Kozhikode at 5.45 p.m. and departs Kozhikode on the return journey to Vazhikadavu at 6.18 p.m. The other stage carriage KL- 11/Y 5997 reaches Kozhikode at 5.56 p.m. and departs Kozhikode at 6.13 p.m. on the return journey to Pookottumpadam. The petitioner was desirous of switching the departure timings of his stage carriages. In other words, he wanted permission for the stage carriage KL-10/AF 7844 to depart from Kozhikode at 6.13 p.m. instead of 6.18 p.m. and the other stage carriage KL-11/Y 5997 at 6.18 p.m. instead of 6.13 p.m. The Secretary, Regional Transport Authority, Malappuram rejected the application submitted by the petitioner in that regard by Ext.P2 order dated W.P(C) NO.9498/2011 -:2:- 15.1.2011 on the ground that inter-change of timings can only be allowed temporarily for a maximum period of ten days, that both the vehicles should be in the name of the same operator and that the vehicles are not operating on the same route . Aggrieved thereby the petitioner filed a revision petition before the State Transport Appellate Tribunal. By Ext.P3 order passed on 1.2.2011 the State Transport Appellate Tribunal set aside Ext.P2 and directed the Secretary, Regional Transport Authority, Malappuram to consider the application for revision of timings as one under rule 212 and not under rule 214 of the Kerala Motor Vehicles Rules. The grievance voiced by the petitioner is that though nearly 45 days have passed thereafter, till date orders have not been passed on the application. In this writ petition the petitioner seeks a direction to the respondent to permit him to operate the stage carriage KL-10/AF 7844 from Kozhikode at 6.13 p.m. in the place of 6.18 p.m. and the stage carriage KL-11/Y 5997 from Kozhikode at 6.18 p.m. in the place of 6.13 p.m. 2. It is evident from the pleadings and the materials on record that the petitioner is operating two stage carriages on two different routes with the same terminus, namely Kozhikode. The W.P(C) NO.9498/2011 -:3:- first of the buses arrives at Kozhikode at 5.45 p.m. and the second at 5.56 p.m. Presently they depart from Kozhikode at 6.18 p.m. and 6.13 p.m. respectively. What the petitioner wants is switching of the timings. In other words, he wants the stage carriage which arrives at Kozhikode at 5,45 p.m. to depart on the return journey at 6.13 p.m. instead of 6.18 p.m. and the second stage carriage which arrives at Kozhikode at 5.56 p.m. to depart at 6.18 p.m. instead of 6.13 p.m. The sector Manjeri-Kozhikode is common for both services. It is stated that by altering the departure timings from Kozhikode there is no cascading effect on the set of timings and that both the stage carriages would continue to leave Manjeri as per the original time schedule. In such circumstances as no prejudice will be caused to any other operator and the petitioner is himself operating the two services on the sector Kozhikode-Manjeri, one at 6.13 p.m. and the other at 6.18 p.m. I am of the opinion that the request made by the petitioner deserves to be allowed. I accordingly dispose of the writ petition with a direction to the respondent to grant the change applied for by the petitioner by permitting the stage carriage bearing registration No.KL-10/AF W.P(C) NO.9498/2011 -:4:- 7844 to leave Kozhikode on the return trip at 6.13 p.m. in the place of 6.18 p.m. as at present and the stage carriage KL-11/Y 5997 to leave Kozhikode at 6.18 p.m. in the place of 6.13 p.m. as at present. Necessary orders in that regard shall be issued and the revised timings settled expeditiously and in any event within one week from the date on which the petitioner produces a certified copy of this judgment before the respondent. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9498 of 2011 ---------------------------- JUDGMENT 25th March, 2011