Kerala High Court
Beevi Meethin vs The Regional Transport ... on 27 July, 2021
W.P.(C) 5345/16
and connected cases -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
WP(C) NO. 5345 OF 2016
PETITIONER/S:
VENUGOPALAN.K.S
MANIMANDIRAM, HANUMAN KOVIL LANE, CHERANELLOOR,
S.CHITTOOR P.O., ERNAKULAM.
BY ADV SRI.G.PRABHAKARAN
RESPONDENT/S:
1 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM - 682 030.
2 THE REGIONAL TRANSPORT AUTHORITY
ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN - 682
030.
3 DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM -
682 030.
SRI. SURIN GEORGE IPE, SR. G.P. FOR R1 AND R2
SRI. P. C. CHACKO, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, ALONG WITH WPC 5827 OF 2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 5345/16
and connected cases -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
WP(C) NO. 5827 OF 2016
PETITIONER/S:
T.J.RAJU
AGED 55 YEARS
THOTTAMKARA, SOUTH PARAVOOR, THRIPUNITHURA.
BY ADV SRI.P.DEEPAK
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM
682 030.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM 682030.
3 THE KERLAA STATE ROAD TRANSPORT CORPORATION
REPRESETNED BY TIS CHAIRMAN & MANAGING DIRECTOR,
'TRANSPORT BHAVAN', THIRUVANANTHAPRUAM 695 001.
SRI. SURIN GEORGE IPE, SR. G.P. FOR R1 AND R2
SRI. P. C. CHACKO, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, ALONG WITH WP(C).5345/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 5345/16
and connected cases -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
WP(C) NO. 5851 OF 2016
PETITIONER/S:
BEEVI MEETHIN
AGED 56 YEARS
W/O.MEETHIN, MEENTHARAKKAL HOUSE, CHOORNIKKARA,
ALUVA.
BY ADV SRI.P.DEEPAK
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM
ERNAKULAM.682 030.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM.682 030.
3 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
"TRANSPORT BHAVAN", THIRUVANANTHAPURAM.695 001.
SRI. SURIN GEORGE IPE, SR. G.P. FOR R1 AND R2
SRI. P. C. CHACKO, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, ALONG WITH WP(C).5345/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 5345/16
and connected cases -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
WP(C) NO. 5870 OF 2016
PETITIONER/S:
BIJUMON
AGED 47 YEARS
POOVATHUMPARAMBIL HOUSE, ELOOR WEST, ERNAKULAM
BY ADV SRI.P.DEEPAK
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY
ERNAKULAM 682030
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM 682030
3 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
'TRANSPORT BHAVAN', THIRUVANANTHAPURAM 695001
SRI. SURIN GEORGE IPE, SR. G.P. FOR R1 AND R2
SRI. P. C. CHACKO, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2021, ALONG WITH WP(C).5345/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 5345/16
and connected cases -5-
JUDGMENT
S. Manikumar, C.J.
By common reference order dated 22.02.2016, a learned Single
Judge has directed the Registry, to place these writ petitions before the
Hon'ble Chief Justice, for an appropriate order. Thus after orders,
these writ petitions are posted before us.
2. Period of temporary registration sought for is over. That apart,
Mr. P. C. Chacko, learned counsel for the Kerala State Road Transport
Corporation, submitted that the issue is squarely covered by a Hon'ble
Division Bench judgment of this Court in Kerala State Road
Transport Corporation v. Akash Dev [2020 (3) KLT 218].
3. The said contention has not been disputed by the learned
counsel for the petitioners.
4. That apart, attention was also invited to the judgment of the
Hon'ble Supreme Court in Kerala State Road Transport
W.P.(C) 5345/16
and connected cases -6-
Corporation v. Baby P. P. and others [(2018) 7 SCC 501], wherein
the Hon'ble Supreme Court held thus:-
"39. In view of this discussion, the following answer
emerges:
39.1 A temporary permit cannot be issued to a private
stage carriage operator to traverse on the notified route which is
being served by the STU, in excess of the permissible distance
provided under the scheme.
39.2 To rephrase, under the facts of this case, it is not
open for a private stage carriage operator (the respondent no. 1)
to operate its services by overlapping on a notified route for more
than 5 kms or 5% (whichever is less) of the route of the private
37 stage carriage operator (as specified under the Scheme) which
is being served by the STU.
40. Accordingly, the judgment of STAT, the consequent
order of the RTA granting temporary permit to the respondent no.
1, as well as the judgment of the High Court, are set aside. The
appeals before us are hereby allowed. Consequently, O.P.(C) No.
1827 of 2017, as preferred by the appellant KSRTC, stands
allowed. As regards the O.P.(C) No. 1784 of 2017 and O.P.(C)
No. 581 of 2017, the same order shall govern their outcome."
W.P.(C) 5345/16
and connected cases -7-
5. Reference now made does not require any answer, as the
matter is squarely covered by the decision of the Hon'ble Supreme
Court stated supra.
Accordingly, writ petitions are disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
W.P.(C) 5345/16
and connected cases -8-
APPENDIX OF WP(C) 5345/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TEMPORARY PERMIT FOR
THE PERIOD 17.12.2012 TO 05.01.2013
DATED 14.12.2012.
EXHIBIT P2 TRUE COPY OF THE TEMPORARY PERMIT FOR
THE PERIOD 11.06.2015 TO 30.06.2015
DATED 12.06.2015.
EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT FOR
THE PERIOD 22.01.2016 TO 10.02.2016
DATED 22.01.2016.
EXHIBIT P4 TRUE COPY OF THE PROCEEDING OF THE RTA
ERNAKULAM DATED 22.12.2015 SIGNED ON
04.06.2016.
EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 06.02.2016.
W.P.(C) 5345/16
and connected cases -9-
APPENDIX OF WP(C) 5827/2016
PETITIONER EXHIBITS
EXHIBIT P A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 1.10.2014 TO
31.01.2015
EXHIBIT P1(A) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 1.2.2015 TO
31.05.2015
EXHIBIT P1(B) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 5-6-2015 TO 24.6.2015
EXHIBIT P1(C) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 25.6.2015 TO
14.7.2015
EXHIBIT P(D) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 15.7.2015 TO
14.11.2015
EXHIBIT P(E) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 15.11.2015 TO
4.12.2015
EXHIBIT P(F) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 5.12.2015 TO
24.12.2015
EXHIBIT P(G) A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 3.2.2016 TO 22.2.2016
EXHIBIT P2 A TRUE OCPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 22.12.2015
EXHIBIT P(A) A TRUE COPY OF THE REPORT OF THE MOTOR
VEHICLES INSPECTOR, ERNAKULAM DATED
30.9.2014
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATD
14.7.2009 PUBLISHED AS SRO NO.608 OF
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT FILED U/S.104
(PROVISO) DATED 9.2.2016
W.P.(C) 5345/16
and connected cases -10-
APPENDIX OF WP(C) 5851/2016
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID FROM 10.11.2015-
09.03.2016.
EXHIBIT P1(A) A TRUE COPY OF THE REGULAR PERMIT
(P.ST.G/92/99/E).
EXHIBIT P2 A TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 22.12.2015.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED
14.07.2009 PUBLISHED AS SRO NO.608 OF
2009.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT FILED U/S 104
(PROVISO) DATED 08.02.2016.
W.P.(C) 5345/16
and connected cases -11-
APPENDIX OF WP(C) 5870/2016
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TEMPORARY PERMIT
ISSUED VALID TILL 28.09.2015
EXHIBIT P2 A TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 22.12.2015
EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION DATED
14.07.2009 PUBLISHED AS SRO NO.608/2009
EXHIBIT P4 A TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT FILED U/S. 104
(PROVISO) DATED 11.02.2016
