IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19456 of 2009(B)
1. M.N.SASIDHARAN, MATTATHIL HOUSE,
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :13/07/2009
O R D E R
V.GIRI,J.
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W.P ( C) No.19456 of 2009
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Dated this the 13th July,2009
J U D G M E N T
The petitioner, who is operating a stage carriage
vehicle on the route Vaikom-Cherthala, has sought for
revision of his own timings, which, according to him, was
settled in the year 2008. 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
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should be boarded at a timing conference.
3. Accordingly, the respondent shall first pass an
order on Ext.P2, 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 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.P2. 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
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(V.GIRI,JUDGE)
ma
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