IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19004 of 2009(U)
1. ABDUL MAJEED, S/O.ABOOBACKER,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY,
... Respondent
2. THE SECRETARY, REGIONAL TRANSPORT
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :07/07/2009
O R D E R
V.GIRI, J.
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W.P.(C).NO.19004 of 2009
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Dated this the 7th day of July, 2009.
JUDGMENT
The petitioner, who is operating a stage carriage
vehicle, bearing registration No.KL-10P/7797 on the
route Kondotty-Vengara-Kakkad, has sought for revision of
his own timings, which, according to him, was settled on
03-02-2003. The reason stated is 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 should
be boarded at a timing conference.
3. Accordingly, the respondent shall first pass an
order on Ext.P4, keeping in mind Rule 145(7) of the Rules
W.P.(C).NO.19004 of 2009
:: 2 ::
and if the respondent is of the opinion that there are special
circumstances which necessitates consideration of
petitioner’s request for revision of his 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.P4. 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.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. to Judge