In an emphatic observation, the Kerala High Court has censured the Regional Transport Authority (RTA) for failing to comply with earlier directives aimed at curbing overspeeding by public buses, terming the inaction a deliberate act of contempt. Justice Amit Rawal delivered the order while monitoring compliance in a matter originally filed by autorickshaw operators seeking unrestricted operation within Kochi and Perumbavoor municipal limits.
The case arose from a writ petition by eighteen autorickshaw permit holders, who relied on prior judgments affirming their right to ply vehicles and solicit passengers without arbitrary restrictions. They challenged a 2022 order rejecting their applications for permit variations and sought interim relief to operate freely pending final resolution.
Over time, the proceedings expanded to address broader issues of urban transport governance, including violations of the Motor Vehicles Act, 1988, and the Kerala Motor Vehicles Rules, 1989. Acting suo motu, the Court impleaded additional respondents, including the District Magistrate, RTO, City Police Commissioner, Kerala State Pollution Control Board, and Cochin Smart Mission Limited, highlighting concerns over safety, traffic congestion, and noise pollution.
The Court expressed dissatisfaction with the RTA’s failure to comply with an earlier directive that required revising city and rural stage carriage timetables to prevent overspeeding. Justice Rawal noted that minimal intervals between buses forced operators to exceed speed limits, endangering the public. While referring to fatal pedestrian accidents and invoking Section 67(1)(d) of the Motor Vehicles Act, the Court directed the RTA to implement STA recommendations, five-minute intervals for city routes and ten minutes for rural routes, within fifteen days.
The RTA had scheduled the requisite meeting for September 29, citing Onam festivities as a reason for delay. Justice Rawal rejected this explanation, stating, “I am afraid that there is no compliance to the direction of this Court nor any application has been filed seeking extension or attenuating circumstances, it is a deliberate act of contempt.” Consequently, the Court advanced the meeting to September 10, 2025, to expedite timetable revisions.
The order further clarified the RTA’s authority under Rule 153 of the Kerala Motor Vehicles Rules, prohibiting permit holders from delegating operational control without authorization. The Court directed, “Thus whenever any violation of the stage carriage vehicles is noted, the concerned RTO shall issue show cause notice to permit holders so that permit holders are sensitized about his role and terms of the provisions of the rules and section.”
In addition, responding to submissions by amicus curiae regarding inadequate signal durations on key city roads, the Court ordered interim traffic management measures, including deactivating automated signals during peak hours with manual regulation by police personnel to maintain traffic flow during the Onam season.
Case Title: Aboobacker K.A and Ors. Vs. Joint Regional Transport Officer, Office of The Joint Regional Transport Officer And Ors.
Case No: W.P.(C) No.13238 of 2022
Coram: Justice Amit Rawal
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