Kerala High Court
Rosamma Rappai vs The Regional Transport Authority on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13989 OF 2024
PETITIONER:
ROSAMMA RAPPAI
AGED 62 YEARS
W/O. RAPPAI, THEKKINIYATH KUNJAMARA HOUSE,
PERINCHERY P.O, CHERPU, THRISSUR DISTRICT,
PIN - 680306
BY ADVS.
M.JITHESH MENON
P.G.MAHESHKUMAR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
THRISSUR REGIONAL TRANSPORT OFFICE,
AYYANTHOLE, THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 680003
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
THRISSUR REGIONAL TRANSPORT OFFICE,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
3 THE THRISSUR DISTRICT
MOTOR TRANSPORT OWNERS CO-OPERATIVE SOCIETY
LIMITED, MACHINGAL LANE, BEHIND RAGHAM THEATRE,
THRISSUR DISTRICT, PIN - 680001
REPRESENTED BY ITS SECRETARY
SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.13989 of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024
The petitioner is the holder of a Regular Permit to
operate service on the route Thrissur-Kodungallur-Paravoor-
Vypin-Ernakulam Jetty. The permit is issued in respect of
Stage Carriage bearing registration No.KL-08BA-2111. The
application filed by the petitioner for renewal of permit was
rejected by the 1st respondent on 31.01.2019, against which
the petitioner had filed M.V.A.A. No.88 of 2019 before the
State Transport Appellate Tribunal.
2. Pursuant to the remand order passed in M.V.A.A.
No.88 of 2019, the application for renewal was reconsidered
again by the 1st respondent on 21.01.2020 and the same was
rejected again in the light of the objections filed by the
3rd respondent, alleging default of repayment of the hire
purchase dues. The above order was impugned again by the
petitioner before the State Transport Appellate Tribunal by
filing M.V.A.A. No.89 of 2020. The said appeal was dismissed
on untenable grounds, contends the petitioner.
3. In the meanwhile, the petitioner had cleared all the
arrears alleged to have been due from her and the
3rd respondent has also issued a letter addressed to the
2nd respondent, intimating that they have no objection in
granting the renewal of the permit to the petitioner and also
the requisite forms for cancellation of the hypothecation. The
petitioner has also filed an application for renewal of permit for
the subsequent period from 2021 and also for Temporary
Permit.
4. Senior Government Pleader entered appearance
on behalf of the respondents and resisted the writ petition.
The respondents denied all the allegations made by the
petitioner in the writ petition. On behalf of the respondents, it
is submitted that when the Regular Permit application of the
petitioner was rejected, the petitioner had approached the
State Transport Appellate Tribunal. The Appellate Tribunal
remanded the matter once. After reconsidering the matter, the
RTA again rejected the application. The petitioner, thereupon,
filed M.V.A.A. No.89 of 2020. The Tribunal considered the
matter and found that the liability towards the financier is still
subsisting and the financier has not issued NOC. The Tribunal
therefore rejected the appeal filed by the petitioner as per
Ext.P6 order. In the facts of the case, the petitioner is not
entitled to any relief, urged the Senior Government Pleader.
5. The Senior Government Pleader further pointed out
that in view of the dismissal of the application by the State
Transport Appellate Tribunal, there is no application for
renewal of permits. As there is no subsisting application for
renewal of Regular Permit, the Stage Carriage cannot be
operated under Section 87(1)(d) of the Motor Vehicles Act,
1988. Therefore, no interim relief can be granted to the
petitioner, argued the Senior Government Pleader.
6. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing the
respondents.
7. The fact remains that the petitioner has been
operating her Stage Carriage since 2011 onwards. The
application for Regular Permit was declined earlier by the
Tribunal for the reason that NOC from the financier has not
been produced. Subsequent to Ext.P6 order, it is an admitted
position that the petitioner has cleared the liability and the
application for termination of hypothecation has been allowed
by the financier.
8. In that view of the matter, the grounds based on
which the petitioner's appeal stands rejected as per Ext.P6 do
not survive as of now. In the facts of the case, it would be only
proper that the original application filed by the petitioner for
renewal of permit be reconsidered by the RTA in the changed
circumstances along with Ext.P10 application for renewal of
permit for the subsequent period.
The writ petition is accordingly disposed of directing the
1st respondent-Regional Transport Authority to reconsider the
original application for renewal of permit submitted by the
petitioner along with Ext.P10 application for renewal for the
subsequent period taking note of the termination notice issued
by the financier. As the petitioner has been operating the
Stage Carriage on the strength of Ext.P5 till the appeal was
pending before the State Transport Appellate Tribunal, it
would be only appropriate that the petitioner be permitted to
operate the service till the RTA takes a decision in the matter.
The RTA shall take a final decision in the matter within a
period of three months.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 13989/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE REGULAR PERMIT WITH
WHICH THE PETITIONER WAS OPERATING ON
THE ROUTE IN QUESTION DATED 02-07-2013
Exhibit-P2 TRUE COPY OF THE PROCEEDINGS PASSED BY
THE 1ST RESPONDENT DATED 31-01-2019
Exhibit-P3 TRUE COPY OF THE JUDGMENT RENDERED BY
THE STATE TRANSPORT APPELLATE
TRIBUNAL, ERNAKULUM IN M.V.A.A.
NO.88/2019 DATED 03-10-2019
Exhibit-P4 TRUE COPY OF THE DECISION PASSED BY
THE 1ST RESPONDENT DATED 21-01-2020
Exhibit-P5 TRUE COPY OF THE INTERIM ORDER DATED
01-02-2023 PASSED BY THE STATE
TRANSPORT APPELLATE TRIBUNAL,
ERNAKULUM
Exhibit-P6 TRUE COPY OF THE JUDGMENT IN M.V.A.A
NO.89/2020 PASSED BY THE STATE
TRANSPORT APPELLATE TRIBUNAL,
ERNAKULUM DATED 16-10-2023
Exhibit-P7 TRUE COPY OF THE RECEIPT ISSUED BY THE
3RD RESPONDENT DATED 02-02-2024
Exhibit-P8 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 3RD RESPONDENT TO THE REGIONAL
TRANSPORT OFFICER/JOINT R.T.O,
THRIPRAYAR DATED 09-02-2024
Exhibit-P9 TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO THE REGIONAL
TRANSPORT OFFICER, THRISSUR ALONG WITH
THE REQUISITE STATUTORY FORMS [FORM
35] DULY SIGNED FOR CANCELLING THE
HYPOTHECATION DATED 09-02-2024
Exhibit-P10 TRUE COPY OF THE APPLICATION FOR
RENEWAL FOR THE SUBSEQUENT PERIOD
FILED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 29-04-2021
Exhibit-P11 TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 12-03-2024
