High Court of KeralaDivision BenchWrit appeal disposed of; I.A. Nos. 3 and 4 disp...

Kerala State Road Transport Corporation (KSRTC) v. MujeeB Rahman

Case / Petition Number:WA No. 1157 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • S. Manikumar
  • Shaji P. Chaly
Judgment Date
2022-08-24
Court Decision / Holding
Writ appeal disposed of; I.A. Nos. 3 of 2022 and 4 of 2022 directed to be disposed of as above. The Secretary, Regional Transport Authority, Malappuram is directed to consider Annexure R1(a) for variation of the conditions of permit and to pass appropriate orders in accordance with the matter, with the record noting that there is no necessity to continue the interim arrangement beyond the modified scheme until formal policy is issued.
Final Disposition
Writ appeal disposed of; I.A. Nos. 3 and 4 disposed of; RTA to consider Annexure R1(a) variation and pass orders; continues to acknowledge potential for a modified/new Scheme under MV Act but directs action within the current regulatory framework.

Parties to the Case

Appellants / Petitioners

  • Kerala State Road Transport Corporation (KSRTC)

Respondents

  • Mujeeb Rahman, S/o. AHAMMED KUTTY, Ambady House, Kakkkad P.O, Malappuram District, PIN 676306
  • The Secretary, Regional Transport Authority, Civil Station, Malappuram P.O, PIN - 676505, Malappuram District

Legal Representation & Advocates

Counsels for Petitioners

  • • P. C. Chacko (Parathanam)

Counsels for Respondents

  • • Saju J. Vallyara

Case Synopsis & Summary

Kerala State Road Transport Corporation (KSRTC) appeals against a Division Bench decision concerning the regulation of private and public sector stage carriage services in Kerala under the Motor Vehicles Act and related schemes. The appeal challenges the effect of Annexure 1’s superclass scheme (dated 16.07.2013) and its interplay with Annexure 2 (2017) amendments to the MV Rules, along with Annexures 3 (2015) and 4 (2020) which together govern the operation of Ordinary Service and Ordinary Limited Stop Service and the allocation of route rights between private operators and the State Transport Undertaking (STU). The case traces how, during pendency of a renewal petition, temporary permits were issued and a 140-km cap was imposed by RTA Malappuram, with government orders extending documents until 31.12.2021. KSRTC relies on KSRTC v. Saju Varkey (2018 KLJ 145) to uphold the validity of Annexure 2 Rule, and contends that the private sector’s ability to operate longer routes (as permitted by earlier Annexure 3 orders) conflicts with the Scheme’s clauses, especially Clause 18. The writ petition record shows the Court’s 12.01.2022 disposal, stating that a modified or new Scheme may be introduced under the MV Act, leaving contentions open. The WA seeks to require the Respondents to consider Annexure R1(a) for variation limiting the route on the Thrissur–Guruvayoor–Kozhikode corridor and to place it before the RTA. The petition also discusses the Government’s approach to scheme modification and interim measures pending final policy.

Provisions of Law Cited

Section 100(2) of the Motor Vehicles Act, 1988Rule 2(oa) of the Motor Vehicles Rules, 1989Clause 3 of Annexure 1 schemeClause 18 of Annexure 1 scheme

Submissions & Arguments

Contentions of Appellants / Petitioners

KSRTC argues that the 2013 Annexure 1 superclass scheme, as amended by Annexure 2 (2017) and related Orders (Annexures 3 and 4), governs which operator may run Ordinary Service versus Ordinary Limited Stop Service, and that private operators cannot operate beyond the 140-km limit; Clause 18 reserves such rights to the State Transport Undertaking. It relies on KSRTC v. Saju Varkey to uphold Annexure 2 Rule and dislikes the prior practice of issuing Annexure 3 orders authorising longer routes; it contends that the Government’s modified or new Scheme, if any, should be introduced consistently under the MV Act and that the present relief should not widen private operators’ permissible routes contrary to the Scheme. The relief sought is to ensure the RTA applies the current Scheme and to prevent extensions inconsistent with the regime.

Contentions of Respondents

Mujeeb Rahman contends that his renewal application has been handled and that the 140-km cap should be enforced via a variation, with his application Annexure R1(a) for variation placed before the RTA meeting; He asserts that the interim order and impugned judgment have created a pathway to process variations to permit route reductions (e.g., Thrissur–Guruvayoor–Kozhikode) and that the RTA has acted on the variation request; He seeks a decision on Annexure R1(a) and argues that the modified Scheme is not yet proposed or required, as the prior framework remains valid and the government should consider variation within the existing scheme.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
KSRTC v. Saju Varkey2018 (4) KLJ 145PositiveThe Division Bench repelled the challenge and upheld the validity of Annexure 2 Rule, supporting the proposition that Annexure 2 Rule governs the Ordinary Limited Stop Service and related scheme constraints.
W.P. (C) No. 30776 of 2021W.P. (C) No. 30776 of 2021Mentioned OnlyCited as background for the Court’s disposal of the earlier petitions and the interim order’s status; used for context rather than as binding authority in the present decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -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** **WEDNESDAY, THE 24[TH] DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WA NO. 1157 OF 2022** **AGAINST THE JUDGMENT WP(C) 30776/2021 OF HIGH COURT OF** ## **KERALA** **APPELLANT/S:** **KERALA STATE ROAD TRANSPORT CORPORATION KSRTC REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695004.** **BY ADV P.C.CHACKO(PARATHANAM)** ## **RESPONDENT/S:** **1 MUJEEB RAHMAN AGED 42 YEARS S/O. AHAMMED KUTTY, AMBADY HOUSE, KAKKAD P.O, MALAPPURAM DISTRICT, PIN 676 306.** **2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, MALAPPURAM P.O, PIN - 676 505, MALAPPURAM DISTRICT.** **BY ADV SAJU J.VALLYARA** ## **OTHER PRESENT:** ## **SRI. SANTHOSH KUMAR, SPL GP** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -2- ## **J U D G M E N T** ## S. Manikumar, C. J. Before the writ court, petitioner has sought for the following relief:- “issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider and dispose of Exhibit P-3 application by re-issuing 4 months temporary permit in respect of stage carriage KL-65-C-8240 to operate on the route Thrissur – Guruvayoor - Kozhikode in continuation of Exhibit P-2.” 2. Short facts leading to the filing of the writ petition are as hereunder:- a) According to the writ petitioner / 1[st] respondent herein, he is the holder of a regular permit in respect of stage carriage KL-65-C8240, and before its expiry, renewal application was submitted, the same was considered and adjourned by Ext. P1 proceedings of RTA Malappuram dated 07.01.2020. b) Petitioner has submitted that during the pendency of the renewal application, petitioner was issued with temporary permits and W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -3- the last temporary permit was valid upto 08.12.2021, evidenced by Ext. P2 dated 17.08.2021. Before the expiry of Ext. P2, petitioner has submitted Ext. P3 application for re-issue, and while so, the Government has issued Ext. P4 order dated 22.11.2021, extending the validity of the documents issued by the Motor Vehicles Department upto 31.12.2021. c) Petitioner has further submitted that the Secretary, Regional Transport Authority, Malappuram, the respondent, has not so far taken any steps to consider Ext. P3 application. 3. After considering the rival submissions, writ court, declined to grant the relief, however, by order dated 12.01.2022 in W. P. (C) No. 30776 of 2021, ordered thus:- “14. As far as this Court is concerned and for the purpose of this writ petition, I am only considering whether these writ petitions will require to be continued on the files of this Court, merely because a modified or a new Scheme is being brought in by the Government; and am certain that it is not so necessary. Resultantly, confirming the afore interim order, I dispose of all these writ petitions; however, clarify that it will continue to be in effect only until such time as the Government brings out a modified or a new Scheme under the provisions of M.V. Act. W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -4- Though unnecessary to say so, the petitioners will be at liberty to challenge any such Scheme in terms of law, for the purpose of which, all their contentions are left open. I also record the submissions of Sri. Santhoshkumar – learned Special Government Pleader, at this time, that the Government has not proposed a New Scheme but only a modified Final Scheme, based on the draft which has already been published.” 4. Being aggrieved, Kerala State Road Transport Corporation, a third party, has filed the instant writ appeal contending that Annexure 1 super class scheme dated 16.07.2013 was issued by the Government of Kerala under section 100(2) of the Motor Vehicles Act. As per clause 3 of Annexure 1 notification, the superclass permit issued in the private sector on or before the date of that notification shall be allowed to continue till the date of expiry of respective permit. Thereafter, no permit shall be renewed and no regular or temporary permit shall be issued afresh. As per clause 18 of Annexure 1 scheme, the right to operate any class of service other than "Ordinary Service" in the State of Kerala shall be reserved exclusively with the State Transport Undertaking. 5. It is further contended that the Government of Kerala issued Annexure 2 notification dated 15.03.2017 for amendment of Kerala W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -5- Motor Vehicles Rules, 1989, inserting sub-rule 2 (oa), the definition of "Ordinary Limited Stop Service", which means a service, which is operated on a route having a distance of not exceeding 140 kilometers with limited number of stops, having at least one stop in every fare stage. 6. It is also contended that Private operators challenged Annexure 2 Rule and modification of another scheme in a batch of writ petitions. A Hon'le Division Bench of this Court repelled the challenge and upheld the validity of Annexure 2 Rule in **KSRTC v. Saju Varkey** reported in **2018 (4) KLJ 145** . Even after that private operators are operating more than 140 km as Ordinary Limited Stop Service on the basis of Annexure 3 order dated 20.08.2015. Since Annexure 3 order is in violation of clause 18 of Annexure 1 scheme and Annexure 2 Rule, Annexure 4 order has been issued withdrawing Annexure 3 order. Learned Single Judge permitted the private operators to operate more than 140 km as Ordinary Limited Stop Service. 7. Though a challenge has been made by the Kerala State Road Transport Corporation, the appellant, against the judgment in W. P. (C) No. 30776 of 2021 dated 12.01.2022, the writ petitioner / 1[st] W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -6- respondent herein has filed I. A. Nos. 3 of 2022, seeking for a direction to the Secretary, Regional Transport Authority, the 2[nd] respondent, to place Annexure R1(a) application for variation in the meeting of the Regional Transport Authority, Malappuram, scheduled to be held on 29.08.2022, and I. A. No. 4 of 2022 to accept Annexure R1(a) document. 8. In support of the above prayers, writ petitioner / 1[st] respondent herein has filed a common affidavit, wherein at paragraph Nos. 3 to 4, it is contended thus:- “3. It is submitted that, my regular permit was valid upto 30.08.2013 and before its expiry, the renewal application was submitted. The Regional Transport Authority, Malappuram (for short "R.T.A.") in its meeting held on 07.01.2020 vide Item No. 85 has considered and adjourned the consideration of the renewal application with a direction to limit the route length upto 140 KMs. by Exhibit P-1 proceedings. Pursuant to the interim order in W.P. (C) No. 30776 of 2021 dated 31.12.2021, the 2[nd] respondent has considered the application and re-issued the temporary permits and pursuant to the impugned judgment also, the temporary permits were issued. 4. It is submitted that, pursuant to the impugned judgment, the renewal application submitted by me has been placed before the meeting of the R.T.A. scheduled to be held on 29.08.2022 vide Item No. 62. It is submitted that, in order to limit the route length below 140 KMs., I have submitted an application for variation of regular permit by curtailing the route portion from Thrissur to Guruvayur so as to limit the route length upto 113 KMs.” W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -7- 9. Supporting the same, writ petitioner / 1[st] respondent herein has also enclosed the copy of Form – PVA application submitted for variation of conditions of permit, wherein he has detailed the restriction of the route below 140 kms. According to him, he has submitted the application on 20.08.2022, which reads thus: **==> picture [387 x 472] intentionally omitted <==** W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -8- 10. Placing on record the averments and supporting document, I.A. Nos. 3 and 4 are ordered. 11. Mr. P. Santhoshkumar, learned Special Government Pleader, submitted that the Secretary, Regional Transport Authority, Malappuram, the 2[nd] respondent, has acted on the request for variation, and the subject matter has already been placed before the meeting of the Regional Transport Authority, Malappuram, scheduled to be held on 29.08.2022. 12. In the light of the above, there is no need to delve into the merits of the contentions. Therefore the Secretary, Regional Transport Authority, Malappuram, the 2[nd] respondent, is directed to consider Annexure R1(a) application for variation of the conditions of permit, and accordingly, pass appropriate orders. Writ appeal is disposed of as above. Sd/- ## **S. MANIKUMAR CHIEF JUSTICE** Sd/- **SHAJI P. CHALY JUDGE** Eb ///TRUE COPY/// P. A. TO JUDGE W. A. No. 1157 of 2022 & I. A. Nos. 3 and 4 of 2022 -9- ## **APPENDIX OF WA 1157/2022** ## **PETITIONER ANNEXURES** |**Annexure**|**1**|**TRUE COPY OF SCHEME DATED 16.07.2013**| |---|---|---| |||**ISSUED BY GOVERNMENT OF KERALA.**| |**Annexure**|**2**|**TRUE COPY OF THE NOTIFICATION DATED**| |||**15.03.2017 ISSUED BY THE GOVERNMENT OF**| |||**KERALA.**| |**Annexure**|**3**|**TRUE COPY OF THE G.O.(M.S)**| |||**NO.45/2015/TRANS DATED 20.08.2015 ISSUED**| |||**BY THE GOVERNMENT OF KERALA.**| |**Annexure**|**4**|**A TRUE COPY OF THE ORDER DATED**| |||**01.07.2020 AS G.O.(MS) NO.22/2020/ TRANS**| |||**ISSUED BY THE GOVERNMENT OF KERALA.**|