Authority must consider representations for timing changes in a reasonable time.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 13^TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947 WP(C) NO. 18083 OF 2025 PETITIONER:

SUBHASH J AGED 63 YEARS, S/O JANARDANAN, VALYATH HOUSE, PUTHUPPALLY SOUTH, ALAPPUZHA, PIN - 690527 BY ADVS.

SREERAJ M.D.

NEELANJANA NAIR RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY ALAPPUZHA REPRESENTED BY ITS SECRETARY, CIVIL STATION, PALACE ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN - 688001

2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY ALAPPUZHA, CIVIL STATION, PALACE ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN - 688001 SMT. DEVISHRI R, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Dated this the 13^th day of May, 2025 The petitioner is a registered owner of a stage carriage bearing registration No. KL-23-E-7189 which is plying on the route of Azheekkal-Mavelikkara. The petitioner was given time slot of 10.45 AM to begin from Mavelikkara and to pass through Mundukotta Junction at 11.35 AM and to return from Azheekkal at 12.15 PM. But, this particular time is causing huge time clash with another stage carriage plying on the route of Ochira to Ayiramthengu resulting in unwanted competition.

2. None of these stage carriages are gaining any advantage due to this time clash. Hence, the petitioner, requesting a slight time change from the scheduled above said timings, submitted a representation before the respondents. In the said representation, the petitioner had sought for a change of timing of 11.25 AM to begin from Mavelikara instead of

10 AM. This is not going to affect the timings and schedule of other stage carriages plying in same route. The petitioner simultaneously requested for a time change to return from Azheekal which was initially scheduled for 12.15 PM as per the earlier timing schedule. There are vacant time slots available with respect to the return time slots from Azheekal and if those vacant time slots are granted to the petitioner’s stage carriages, it would be much feasible and convenient.

3. The petitioner preferred Ext.P1 representation because of time clash which accumulates other vehicles around the same time. The petitioner has been plying on this timing in close proximity with that of the other buses following the petitioner’s. This is causing huge fights among the other bus operators. The petitioner is unable to utilize the bus service to the maximum due to the clash of timings and therefore the petitioner suffers from huge loss of fuel and time as the petitioner’s efforts are being subjected to waste. Therefore, pleading for a change of timings, the petitioner has submitted Ext.P1 representation. Hence, the authority ought to have considered Ext.P1 representation of the petitioner and to afford him an opportunity to be heard in next timing conference. It is submitted that the date of upcoming timing conference has not yet announced and it is tentatively fixed for last week of May, 2025. But, the representation has not been considered yet.

4. Heard.

5. The petitioner submits that Ext.P1 is the representation for revision of timing. The writ petition is filed by the petitioner seeking direction to the respondents to consider the representation for revision of timings.

6. It is evident that Ext.P1 is a representation for revision of timing which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P1 in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to consider Ext.P1 representation submitted by the petitioner and take appropriate decision thereon, within a period of three months in accordance with law and after giving opportunity of hearing to the affected parties.

Sd/-

N. NAGARESH JUDGE APA APPENDIX OF WP(C) 18083/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED

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