Kerala High Court
Joy.M.P vs The Regional Transport Authority on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15946 OF 2024
PETITIONER:
JOY.M.P.,
AGED 53 YEARS, S/O. PAULOSE,
MANGALATH PUTHENPURAYIL HOUSE,
KOORACHUND P.O., KOZHIKODE - 673527.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
B.R.SINDU
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT- 676505
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT- 676505.
3 THE KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695023,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV.SMT. DEEPA V, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15946 of 2024
:2:
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is a Stage Carriage operator and also the
registered owner of a Stage Carriage bus bearing registration
No.KL-56-L-2891, which was covered with a Regular Permit
to operate on the route Kozhikode - Ernakulam South and
was valid up to 18.06.2016.
2. On account of the various notifications issued by
the Government of Kerala and when the authorities declined
to renew the regular as well as temporary permits, the private
operators in the State were constrained to approach this
Court by filing W.P.(C) No.13398 of 2020 and connected
cases which were allowed by a learned Single Judge and the
matter is pending in appeal.
3. While so, the the Government of Kerala has
issued another Notification No.B1/13/2016/Tran dated
14.09.2020 by making a modified proposal to the effect that
the route length of the existing ordinary service shall not
exceed 140 Kilometres.
4. The petitioner had filed W.P.(C). No.36071 of 2023
before this Court for appropriate reliefs and the said writ
petition was disposed of as per judgment dated 01.12.2023
directing the petitioner to file an application for permit after
reducing the route length below 140 Kms. Hence, the
petitioner has decided to reduce the route length of the
service by 140 Kilometres as per application dated
30.03.2024 without disturbing the existing timings by
curtailing the portion of the route between Guruvayoor and
Ernakulam so as to enable him to operate on the route
Kozhikode - Guruvayoor with a set of proposed timings
without disturbing the departure and arrival timings at
Kozhikode and also making a request for an additional trip
between Guruvayoor and Kozhikode in a vacant timings of a
lapsed service operating between Kozhikode and
Guruvayoor.
5. However despite directions made by this Court in
Ext.P10 judgment to consider the application for permit made
by the petitioner for reducing the route length 140 Kilometres,
Ext.P11 application has not been considered so far by the
2nd respondent whereby serious prejudice has been caused
to the petitioner, contends the Counsel for the petitioner.
6. Ext.P11 application submitted by the petitioner is
temporary curtailment of route length. The petitioner is
relying in Ext.P10 judgment of this Court. In the facts of the
case, it would be only appropriate that the 2nd respondent
considers the application in accordance with law.
The writ petition is disposed of directing the 2 nd
respondent-Secretary, Regional Transport Authority to
consider Ext.P11 application submitted by the petitioner for
temporary curtailment route length and take appropriate
decision thereon within a period of one month after giving
opportunity of hearing the petitioner, KSRTC and other
affected parties, if any.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 15946/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
10.03.2015 ISSUED BY THE 2ND
RESPONDENT RELATING TO VEHICLE NO. KL-
56-L2891.
Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.
B1/13/2016/TRAN DATED 14.09.2020
ISSUED BY THE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE NOTIFICATION G.O. (P)
NO. 13/2023/TRANS. DATED 03.05.2023
SRO NO. 537/2023)
Exhibit P4 TRUE COPY OF THE CASE STATUS RELATING
Exhibit P5 TRUE COPY OF THE APPLICATION FOR
RENEWAL OF REGULAR PERMIT FILED BY THE
PETITIONER ON 17.06.2021 TO OPERATE ON
THE ROUTE KOZHIKODE- ERNAKULAM.
Exhibit P6 TRUE COPY OF THE APPLICATION FOR
RENEWAL OF REGULAR PERMIT FILED ON
06.02.2016 TO OPERATE ON THE ROUTE
KOZHIKODE- ERNAKULAM.
Exhibit P7 TRUE COPY OF THE 4 MONTHS TEMPORARY
PERMIT DATED 17.11.2022 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER FOR
THE VEHICLE MENTIONED IN EXHIBIT P1 TO
OPERATE ON THE ROUTE ERNAKULAM-
KOZHIKODE.
Exhibit P8 TRUE COPY OF THE TAX TOKEN DATED
14.08.2023 EVIDENCING PAYMENT OF TAX
FOR THE VEHICLE MENTIONED IN EXHIBIT
P1 UPTO 30.09.2023.
Exhibit P9 TRUE COPY OF THE REQUEST DATED
21.09.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE JUDGMENT MADE IN WPC.
36071/2023 DATED 01.12.2023.
Exhibit P11 TRUE COPY OF THE APPLICATION FOR GRANT
OF VARIED ROUTE BETWEEN KOZHIKODE AND
GURUVAYOOR AS DIRECTED IN EXHIBIT P10
JUDGMENT.
