Kerala High Court
Kerala State Road Transport ... vs Regional Transport Aurhority on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 5437 OF 2021
PETITIONER:
KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023,
REPRESENTED BY THE DEPUTY LAW OFFICER P.N.HENA
BY ADV DEEPU THANKAN
RESPONDENTS:
1 REGIONAL TRANSPORT AURHORITY
REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA-686 673,
REPRESENTED BY ITS SECRETARY
2 THE DISTRICT COLLECTOR,
ERNAKULAM CIVIL STATION, KAKKANAD-682 030
3 REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA-686 661
4 JOINT REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, PERUMBAVOOR-683 542
5 SUPERINTENDENT OF POLICE (RURAL)
ERNAKULAM RURAL, ALUVA-683 101
6 SAFEER.K.A.
KARUVILLI HOUSE, PERUMANI, VENGOLA P.O.,
PERUMBAVOOR-683 556
7 ABY THOMAS,
11/88,EDAYATHUKUDY HOUSE, MALAMURI, PULLUVAZHI
P.O., PERUMBAVOOR-683 541
BY ADVS.
SR.GP K.P HARISH
SRI.N.P.PRAJEESH
WP(C) NO. 5437 OF 2021
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5437 OF 2021
3
JUDGMENT
Dated this the 23rd day of July 2021
The grievance of the K.S.R.T.C., which is evident
from Ext.P4 to Ext.P8 is that private buses are illegally
plying through the notified route of Perumbavoor to
Muvattupuzha. Inspite of several complaints given, no
action has been taken. It is further lamented that due to
the illegal service by private operators, huge loss is
caused to K.S.R.T.C. Since, no effective action was
taken, K.S.R.T.C. has approached this Court by filing this
Writ Petition. Ext.P4 to Ext.P8 show that K.S.R.T.C. has
been complaining against illegal operation since
03.07.2020.
2. When the matter came up for consideration, it
was brought to the notice of this Court that since some
work was being done on the road at Vengola, private
vehicles were plying in between Mannoor to
Perumbavoor, via Keezhillam. Evidently, the case of
overlapping of service at this stretch was stated to be
WP(C) NO. 5437 OF 2021
due to extreme emergency. Whether such a service had
support of the Motor Vehicle Department, is still not clear.
3. Now, the learned Senior Government Pleader
has made available the inputs based on the instructions
given by the SHO, Kunnathunadu Police station.
According to the SHO, due to the bad condition of the
roads for some time, vehicles were plying through the
notified route. Because of the maintenance and repair of
notified route, private vehicles had to cover the notified
route. Now, since the work is completed, private vehicles
are operating through their permitted routes and not
through the notified route of Perumbavoor to
Muvattupuzha. This is endorsed by the learned Counsel
for respondents 6 and 7.
4. In the above circumstances, hereinafter, there
cannot be any operation by any private operator through
the notified route of Perumbavoor - Muvattupuzha.
Hence, if there is any breach of the above and if any
vehicle is found to be operating through the above
notified route, respondents No. 3 and 4 as well as
WP(C) NO. 5437 OF 2021
respondent No.5 shall take immediate, effective and
stringent measures as provided under the law, to ensure
that such service is forthwith stopped.
Accordingly, the Writ Petition is allowed.
Sd/-
SUNIL THOMAS
JUDGE
SKP/26-7
WP(C) NO. 5437 OF 2021
APPENDIX OF WP(C) 5437/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 14.7.2009
EXHIBIT P2 TRUE COPY OF THE SKETCH WITH RESPECT OF
MUVATTUPUZHA-PERUMBAVOOR ROUTE
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO.22278/2020 DATED
09.12.2020
EXHIBIT P3A TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN RP NO.1000 OF 2020 IN WPC
NO.22278/2020 DATED 22.12.2020
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE AUTHORISED OFFICER OF THE PETITIONER
TO THE FOURTH RESPONDENT DATED
03.07.2020
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
14.01.2021 TO THE DISTRICT COLLECTOR,
ERNAKULAM
EXHIBIT P6 TRUE COPY OF THE COMPLAINT BY THE
AUTHORISED OFFICER OF THE PETITIONER
DATED 19.02.2021
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION TO THE
ENFORCEMENT RTO, ERNAKULAM DATED
19.02.2021
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
19.02.2021 TO JOINT RTO, PERUMBAVOOR
RESPONDENTS EXHIBITS:
EXHIBIT R6(A) PHOTOCOPY OF THE HEARING NOTICE ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT.
WP(C) NO. 5437 OF 2021
EXHIBIT R6(B) PHOTOCOPY OF THE COMMUNICATION ISSUED BY
THE ASSITANT ENGINEER, PWD ROADS SECITON
PERUMBAVOOR TO THE 3RD RESPONDENT DATED
30.01.2021.
TRUE COPY
P.A. TO JUDGE
