Praijil J. v. The Secretary, Regional Transport Authority, Kannur

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` THURSDAY, THE 2[ND] DAY OF JUNE 2022 / 12TH JYAISHTA, 1944 ``` ## **`WP(C) NO. 17924 OF 2022`** ## **`NAME AND ADDRESS OF THE PETITIONER:`** ``` PRAJIL J. S/O. JAGADEESAN, ORAVIL MEETHAL, PANNIYANNOOR, PARAL, KANNUR DISTRICT, PIN 670 671. ``` ``` BY ADV O.D.SIVADAS ``` ## **`NAME AND ADDRESS OF THE RESPONDENTS:`** ``` 1THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KANNUR, PIN-670 002. ``` ``` 2CHANDRAN V., S/O. ACHUTHAN, RAGIN NIVAS, MORAYAD P.O., KUTHUPARAMBA, KANNUR , PIN CODE- 670 643. ``` ``` SR.G.P. V.K.SUNIL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 17924 OF 2022 ``` ``` 2 ``` ## **JUDGMENT** Petitioner with intention to ply passenger vehicle submitted an application for regular permit on the route Central Poiloor – Thalassery – Kuthuparamba - Cheruvanchery. The concerned Regional Transport Authority (RTA) vide item No.11 considered the proposal and vide Ext.P2 dated 28.10.2021 in the proceedings of the meeting of the RTA, has decided to grant the permit on production of record within a period of one month from the date of the communication of the decision ie., records of carriage for endorsing the permit as per Rule 159(2) of the Kerala Motor Vehicle Rule, 1989. 2. Sri.O.D.Sivadas, learned counsel appearing on behalf of the petitioner submits that the submission of the Government has to be considered by the respondent authorities on a priority basis in view of the procedure laid down by this Court in _**Prabhakaran**_ v. _**Screatary, R.T.A**_ [1999 (1) KLT 117]. This judgment has been passed keeping in view the Rule 133 (1)(j) of Kerala Motor Vehicle Rules wherein it has been laid down that whenever the application ``` WP(C) NO. 17924 OF 2022 ``` ``` 3 ``` for temporary permit on intra-district route is received, RTA or its Secretary has to consider the application on merits. Since large number of applications are received by the RTA or Secretary it would not be possible for Secretary to issue the permit on all application. Thus it was laid down that whenever such applications are received, the authorities are obliged to entertain the applications strictly in accordance with priority so leaving no room for complaints. This decision was laid down keeping in view the fact that operators keep on filing applications before the Secretary and straight away come to this Court as persons are not issued the permit serial wise and applications are still kept in queue. 3. In view of the decision taken vide Ext.P2 the permit was permitted to be used with effect from 21.04.2022, the date of timing conference, as per the Timing Conference Notice Ext.P3 dated 09.02.2022. Petitioner was happy of plying the stage carriage vehicle but to the utter dismay came to know that the party respondent had also submitted an application for plying the vehicle on the same route Koluthuparamba – Kuthuparamba - Cheruvanchery (via) Valiyavelicham, Mooriyad, East Navoor, ``` WP(C) NO. 17924 OF 2022 ``` ``` 4 ``` Pookode, Kottayodi, Kariyattupuram for a period of five years. The timing of starting the carriage from Kadirur in Thalassery to Kuthuparamba is almost identical to the one granted to the petitioner. Thus there has not been any priority as petitioner was though granted permit way back on 28.10.2021, the decision was taken only on 02.06.2022 vide Ex.P6 to be applicable with effect from 16.08.2022 as the timing conference was changed from 21.04.2022 to 12.07.2022. For the reason best known Secretary, RTA, Kannur has again preponed the plying time of party respondent in respect of the fresh permit issued against item No.14 in favour of party respondent in respect of route Koluthuparamba – Kuthuparamba - Cheruvanchery (via) Valiyavelicham, Mooriyad, East Navoor, Pookode, Kottayodi, Kariyattupuram with effect from 04.06.2022. The said action of the RTA is completely in violation of the dictum laid down in the judgment cited supra by preponing it from 16.08.2022 to 04.06.2022. There is no justification for conducting the timing conference of the 2[nd] respondent ahead of the petitioner. 4. I have heard the learned counsel for the petitioner and ``` WP(C) NO. 17924 OF 2022 ``` ``` 5 ``` appraised the paper book and am of the view that there is no force or merit as the route granted to the petitioner and the party respondent is totally different except two points ie., two pick up points. For comparison, the routes granted to the petitioner as well as the party respondent read thus: ## **Item No.11** Agenda: 1.To **consider** the application for the grant of fresh regular stage carriage permit on the route Central Poiloor Thalassery Kuthuparamba Cheruvanchery(via) Thovakkunnu North Po loor,Kunnothuparamba, Kaivelikkal, Panoor, Chokli Reg. Office, Manjodi, Koppalam, Manekkara Chonadam, Kundachira Kadirur. Pookode, Kuttiyodi,Kariyattuparamba for a period of 5 years from the date of issue. Applicant: Sri Prajil J. S/o Jagadeesan, Oravil Meethal, Pannyannur Paral, Kannur ## **DECISION OF THE RTA MEETING HELD ON 28.10.2021 VIDE ITEM No. 11** **Heard** , The learned counsel represented the applicant and objectors. This is an application for the grant of fresh regular stage carriage permit on the route Central Poiloor-Thalassery - Kuthuparamba -Cheruvanchery(via) Thovakkunnu,- North Poyiloor -Kunnothuparamba- Kaivelikkal, Panoor. Chokli Reg Office. Manjodi. Koppalam Manekkara-Chonadam-KundachiraKadirar- Pookode- Kuttiyodi- Kariyattuparamba. As per the ``` WP(C) NO. 17924 OF 2022 ``` ``` 6 ``` report of the enquiry officer, major portion of the route proposed for this fresh permit is passing through rural village area so as to connect Thalassery the taluk headquarters. The route portion Kunnothuparamba- Kaivelikkal- Panoor and Chonadam Kunduchira-Panoor are ill served areas and stage carriage facilities are limited at present. Promotion of bus services through this proposed route benefits the travelling public. Hence **Granted** , subject to the settlement of timings. The grantee shall produce the current records within one month from the date of communication of the decision, failing which the grant of permit will be treated as revoked. ## **Item No.14** Agenda: 1.To **consider** the application for the grant of fresh regular stage carriage permit on the route Central Koluthuparamba – Kuthuparamba - Cheruvanchery (via) Valiyavelicham, Mooriyad, East Navoor, Pookode, Kottayodi, Kariyattupuram for a period of 5 years from the date of issue. Applicant: Chandran V, S/o Achuthan, agin Nivas, PO Moryad, Kuthuparamba, Kannur ## **Thalassery Kuthuparamba Kolothuparamba Valiyaveelicham Cheruvanchery** **A D A D A D A D A D 7.10 6.55 via)mooriyad 7.15 7.30 7.32** **7.52(via) Kariyatuparamb, East naravur** ``` WP(C) NO. 17924 OF 2022 ``` ``` 7 ``` ||**8.20(via)**|**Moriyad 8.35 P**|**8.40 9.00**|| |---|---|---|---|---| |**10.10 (via)**|**9.20 9.35**|**9.05 P**||| |**kadirur**||||| |**10.17**|**10.52 P (via)**|**Pookode,**|**Di,kariyatupurm **|**11.22 11.40**| |||**kottayo**||| ||**12.10 1.00**|**(via)mooriyad**||| |||**1.15 1.25**||| ||**1.40 1.50(vi)**|**Pookode,**|**Di,kariyatupura**|**2.20 2.25**| |||**kottayo**|**m**|| ||**2.55 3.00(via)**|**3.15 3.40**||| ||**Mooriyad**|||| ||**3.55 4.30**|**4.45 P**|**4.50 5.25**|| ||**5.48(via) moo**|**Riyadpara**||| ||**6.00**|**6.15 P**|**6.20 6.30**|| ||**6.45(via)moo**|**Riyadpara**||| ||**7.00**|**7.15 7.30**||| ||**7.45 8.00**|**8.15 HALT**||| At two points, pick up points, timing is same and rest of the routes are different. Thus there cannot be a discrimination that the timing conferment of the party respondent had been preponed ie., the petitioner's right of priority is violated as laid down in the judgment aforementioned. There would have been a force had the route been same but in the absence of such, I am of the view that ``` WP(C) NO. 17924 OF 2022 ``` ``` 8 ``` no interference is warranted while exercising the power of judicial review under Article 226 of the Constitution of India. The writ petition is dismissed. **Sd/AMIT RAWAL JUDGE** nak ``` 9 ``` ## **`WP(C) NO. 17924 OF 2022`** ## **`APPENDIX OF WP(C) 17924/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF RELEVANT PORTION OF THE AGENDA OF THE MEETING DATED 28.10.2021 WITH PROPOSED TIMING. Exhibit P2THE TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY, KANNUR DATED 28.10.2021 Exhibit P3THE TRUE COPY OF THE RELEVANT PORTION OF NOTICE OF TIMING CONFERENCE DATED 9.02.2022 ISSUED BY THE 1ST RESPONDENT. ``` ``` Exhibit P4THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP (C) NO. 14230 OF 2022 DATED 20.05.2022. ``` ``` Exhibit P5TRUE COPY OF RELEVANT PORTION OF THE AGENDA OF THE MEETING DATED 25.03.2022 WITH PROPOSED TIMING. ``` ``` Exhibit P6THE TRUE COPY OF THE NOTICE OF TIMING CONFERENCE DATED 16.05.2022 ISSUED BY THE 1ST RESPONDENT. ``` ``` Exhibit P7THE TRUE COPY OF THE NOTICE OF TIMING CONFERENCE DATED 19.05.2022 ISSUED BY THE 1ST RESPONDENT TO CONDUCT TIMING CONFERENCE OF THE 2ND RESPONDENT ON 4.06.2022. ```