Muhammed Shihab Ibrahim vs Secretary Regional Transport Authority, Kannur, Regional Transport Office, Civil Station P.O., Kannur 670002

P.V.Kunhikrishnan, J

The above writ petition is filed with the following prayers;

“ i. Issue a writ of mandamus or such other writs, order or direction, directing the Secretary Regional Transport Authority Kannur to consider Exhibit P2 request for revision of timings of the petitioner's own service operating on the route Kannur- Kuthuparamba - Kozhikode, in respect of stage carriage KL 50 M 7444 subsequently replaced by KL 73 A 5040, within a time frame to be fixed by this Honourable Court.

ii. To grant such other reliefs as this Honourable Court may deem fit and proper.”(SIC)

The petitioner is an existing stage carriage operator on the route Kuthuparamba - Kozhikode, in respect of stage carriage KL 50 M 7444 subsequently replaced by another vehicle bearing Registration No. KL 73 A 5040. The timings of the petitioner’s service was last settled on 09.11.2018. The petitioner submitted Ext.P2 request for revision of timings. The apprehension of the petitioner is that the same will not be considered. Hence, this writ petition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader.

The learned counsel for the petitioner reiterated his contentions raised in this writ petition. The Government Pleader, on the other hand, submitted that as per Rule 145

(7) of the Kerala Motor Vehicle Rules, the authority has to decide the necessity of the revision of timing. It is submitted that the authority can decide the revision of timing only within the frame work of Rule 145(7) of the Rules. The authority has to decide whether there is a need for the same.

This Court considered the contentions of the petitioner and the Government Pleader. Admittedly, the petitioner submitted Ext.P2 request for revision of timing. If that be the case, there will be a direction to consider the request for revision of timing, after considering the need for the revision of timing and also by deciding whether there is any circumstances warranting for revision of timing, in the facts and circumstances of this case after hearing all the affected parties.

Therefore, this writ petition is disposed of directing the respondent to consider and pass appropriate orders in Ext.P2, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, and also in accordance to seniority.