C.H.Khader vs The Secretary on 5 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29832 of 2010(D)


1. C.H.KHADER, CHEAYANARATH HOUSE,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :05/10/2010

 O R D E R
                          C.T.RAVIKUMAR, J.
                       ---------------------------------------
                       W.P(C)No.29832 of 2010
                      ----------------------------------------
                       Dated 5th October, 2010

                                 JUDGMENT

The petitioner is a stage carriage operator on the route

Nadapuram – Thalassery operating with stage carriage bearing

registration No.KL-58/B 2921. In respect of the permit timings were

settled as early as on 21.4.2010. It was settled without considering the

request of the petitioner to allot the timings of surrendered permits.

Subsequently, the petitioner has submitted Ext.P2 application for revision

of timings taking note of the timings of surrendered permits. The said

application is submitted under Rule 145(7) of the Kerala Motor Vehicles

Rules. When such an application is submitted by an existing operator

under Rule 145(7) of the Rules, the competent authority is bound to

consider and pass orders thereon, in accordance with law. In the

circumstances, this writ petition is disposed of with a direction to the

respondent to consider and pass orders on Ext.P2 application for revision

of timings, in accordance with law, expeditiously, at any rate, within a

period of two months from the date of receipt of a copy of this judgment,

with notice to the petitioner and other stage carriage operators on the

route.

C.T.RAVIKUMAR
Judge

TKS