Kerala High Court
Private Bus Operators Association vs The Secretary on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 21051 OF 2024
PETITIONERS:
1 PRIVATE BUS OPERATORS ASSOCIATION
REG. NO.609/1993 - TCR, PERINTHALMANNA UNIT,
PERINTHALMANNA PIN - 679322
REPRESENTED BY ITS SECRETARY,
K.MOHAMMED ALI HAJI S/O BAPPU HAJI.
2 SHAMSUDHEEN MADASSERI
AGED 62 YEARS, S/O KAMMUKUTTY HAJI,
MADASSERI HOUSE, ANAMANGAD P.O.,
PERINTHALMANNA, PIN - 679357.
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
MALAPPURAM, PIN - 676505.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
PALAKKAD, PIN - 678001.
BY ADV.SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.21051 of 2024
:2:
JUDGMENT
Dated this the 28th day of June, 2024
The 1st petitioner is a Unit of Private Bus Operators
Association with Registration No.609/1993, formed to take
care of the members of the Association, who are Stage
Carriage Operators in Perinthalmanna. The 2nd petitioner is a
member of the 1st petitioner-Association and is also a Stage
Carriage Operator, having two Stage Carriages, on the route
Pattambi - Uppukulam in respect of Stage Carriage
No.KL-53U-0692 and Karuvarakundu - Pattambi in respect of
Stage Carriage No.KL-53F-9079.
2. The case of the petitioners is that the distance
between Pattambi and Perinthalmanna is 25 Kms and the
running time given is 50 minutes, which is the running time
given to all services including the 2nd petitioner, and there is no
issue in that regard. The petitioners submit that the private
Bus Stand in Perinthalmanna was abolished and a new bus
stand, which is known as 'Moosakutty Bus Stand', was
constructed nearly 500 Meters away from the old bus stand.
While opening the new Bus Stand, the Traffic Regulatory
Committee directed to operate via Jubili Junction to get
Pattambi Road in the return trip to Pattambi, whereby all Stage
Carriages have to operate an additional distance of 1.3 Kms in
the return trip, for which enhancement of running time
according to additional operation is necessary.
3. The petitioners approached the Secretary, RTA
Palakkad and Malappuram, who are the permit issuing
authorities and competent authorities to revise timings.
However, they have taken a stand that they could not enhance
the running time without orders from the higher authority.
4. The petitioners further submit that without
enhancement of running time, the petitioners could not
conduct the services, as there is clash of timings with other
services, especially the services operating from Valanchery,
Koppam area. There are sufficient circumstances for revision /
enhancing the running time, as there is change of
circumstances as provided for under Rule 145(7) of the Kerala
Motor Vehicles Rules, such as change of halting place from
old bus stand to new bus stand which is 500 Meters away
from the old bus stand and deviation of the route as part of the
traffic regulation.
5. In the instant case, the petitioners intend to
enhance the running time in accordance with the additional
operation of 1.3 Kms due to change of halting place from old
bus stand to new bus stand at Perinthalmanna and the
deviation of the route through Jubili Junction in the return trip
from Perinthalmanna to Pattambi.
6. I have heard the learned Counsel for the petitioners
and the learned Government Pleader representing the
respondents.
7. Government Pleader submits that Ext.P6
application can be placed before the next Regional Transport
Authority meeting and an appropriate decision can be taken by
the Regional Transport Authority in this regard.
Considering the afore facts, the writ petition is disposed
of directing the respondents to place Ext.P6 application before
the Regional Transport Authority Board meeting of
Malappuram District, within a period of two months and to take
appropriate decision thereon in accordance with law.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 21051/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT
NO.KL1010/5109/1994 ON THE ROUTE
PATTAMBI - UPPUKULAM DATED 8.5.2023
Exhibit P2 TRUE COPY OF THE TIMINGS ISSUED TO KL
53 U 0692 DATED NIL
Exhibit P3 TRUE COPY OF THE PERMIT
NO.KL1010/5790/199 ON THE ROUTE
KARUVARAKUNDU - PATTAMBI DATED
22.11.2023
Exhibit P4 TRUE COPY OF THE TIMINGS ISSUED TO KL
10 F 3060 DATED 28.7.1999 [ORDER
NO.C5/20231/99/ M]
Exhibit P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE FIRST PETITIONER DATED
3.6.2024
Exhibit P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER DATED
3.6.2024
