Suresh Kumar v. The Secretary, Regional Transport Authority, Idukki; Regional Transport Authority, Idukki

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN** ## **WEDNESDAY, THE 29TH DAY OF FEBRUARY 2012/10TH PHALGUNA 1933** ## **WP(C).No. 3953 of 2012 ()** **-------------------------** **PETITIONER(S):** **-------------------------** **SURESH KUMAR, AGED 43 YEARS, S/O.KRISHNAN NAIR,VADAKKEDATHAVAYALIL HOUSE, CHELACHUVADU P.O., IDUKKI.** ## **BY ADV. SRI.P.DEEPAK** ## **RESPONDENT(S):** **---------------------------** **1. THE SECRETARY,** - **REGIONAL TRANSPORT AUTHORITY, IDUKKI -685 603.** **2. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY, IDUKKI- 685 603.** **BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **WP(C)NO.3953/2012** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** |**P1**|**COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 19/12/2011**| |---|---| |**P2**|**COPY OF THE JUDGMENT DATED 6/2/2012 IN WP(C)NO.555 OF 2012**| |**P3**|**COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 19/12/2011**| |**P4**|**COPY OF THE RESOLUTION OF THE KANJIKUZHY GRAMA PANCHAYAT DATED**| ||**23/6/2011.**| |**P5**|**COPY OF THE AGENDA FOR THE MEETING OF THE 1ST RESPONDENT HELD ON**| ||**14/2/2012.**| |**RESPONDENT'S EXHIBITS:**<br>**NIL**|| ## **/TRUE COPY/ P.A.TO.JUDGE** **sts** ## **P.N.RAVINDRAN,J.** ----------------------------------W.P.(C) No.3953 of 2012 ----------------------------------------Dated this the 29[th] day of February, 2012 ## **JUDGMENT** The petitioner is the registered owner of a stage carriage bearing registration No.KL.05-V-1751. He applied for a fresh regular permit to operate a stage carriage service on the route Chelachuvadu – Vannapuram by submitting Ext.P1 application dated 19.12.2011. He thereafter filed W.P.(C)No.555 of 2012 in this Court for an order directing the Regional Transport Authority to pass expeditious orders on that application. When the writ petition came up for hearing before this Court, the learned Government Pleader appearing for the respondents submitted on instructions that the petitioner’s application for a regular stage carriage permit will be considered in the meeting scheduled to be held on 14.2.2012 and orders will be passed expeditiously thereafter. In the light of the said submission, this Court disposed of W.P.(C)No.555 of 2012 by Ext.P2 judgment delivered on 6.2.2012, recording the submission made on behalf of the respondents that the petitioner’s application for a fresh state carriage permit will be considered by the Regional Transport Authority at its next meeting scheduled to be held on 14.2.2012 W.P.(C) No.3953 of 2012 2 and disposed of expeditiously thereafter. 2. It is stated that along with Ext.P1 application for a regular permit the petitioner had applied for a temporary permit of 20 days duration by submitting Ext.P3 application so as to enable him to operate a stage carriage service on the route Chelachuvadu – Vannapuram. Along with that application the petitioner produced a resolution adopted by the Idukki Kanjikuzhi Grama Panchayat whereby the committee of the Panchayat resolved to request the Regional Transport Authority, Idukki to take steps to issue permits to stage carriages to operate on the route Vannapuram – Chelachuvadu and also noticed that more stage carriage services are required on the route. It is stated that though pursuant to Ext.P2 judgment of this Court, the petitioner’s application for a fresh stage carriage permit was taken up and considered on 14.2.2012, the application for a temporary permit was not considered. The petitioner submits that as in the normal course, proceedings will be issued pursuant to the meeting held on 14.2.2012 only after a period of 2 to 3 months, it is only just and proper that having regard to the resolution adopted by the Idukki Kanjikuzhi Grama Panchayat, temporary permits of 20 days W.P.(C) No.3953 of 2012 3 duration are issued so as to enable him to operate the service until such time as final orders are passed on the application for regular permit. In this writ petition, the petitioner seeks an order directing the Secretary, Regional Transport Authority, Idukki to issue temporary permits of 20 days duration to his stage carriage bearing registration No.KL.05-V-1751 so as to enable him to operate the service on the route Chelachuvadu - Vannapuram pending disposal of Ext.P1 application for regular permit. 3. When the writ petition came up for admission on 16.2.2012, the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today, the learned Government Pleader submitted that the stage carriage offered by the petitioner is covered by a permit to operate on the route Chelachuvadu – Pattaykudi, which is a portion of the route applied for by the petitioner, that he has given intimation regarding surrender of the permit only on 24.2.2012 after the writ petition was filed and therefore, a temporary permit can be issued in respect of that vehicle only on the expiry of the period of one month from 24.2.2012 and that too only after the petitioner surrenders the original of the permit W.P.(C) No.3953 of 2012 4 in respect of that vehicle. The learned Government Pleader also submitted that even if a fresh temporary permit of 20 days duration is issued to that vehicle, the time schedule will have to be settled having regard to the fact that the route in respect of which the petitioner seeks a temporary permit is a longer route, though a portion of it is common to the route in respect of which he holds a temporary permit. 4. I heard Sri.P.Deepak, learned counsel appearing for the petitioner and Sri. G.Gopakumar, learned Government Pleader appearing for the respondents. The petitioner has in Ext.P1 application applied for a regular stage carriage permit to operate a stage carriage service on the route Chelachuvadu–Vannapuram (via) Kanjikuzhy, Pazhayarikandam, Venmony, Bilathikavala and Mandanmudy. The Idukki Kanjikuzhy Grama Panchayat has in Ext.P4 resolution brought to the notice of the Regional Transport Authority that there is dearth of stage carriage services on the route Chelachuvadu-Vannapuram and has requested the Chairman of the Regional Transport Authority to grant fresh permits so as to enable more services to operate on the route. The petitioner is presently operating a stage carriage service on the route W.P.(C) No.3953 of 2012 5 Chelachuvadu – Pattayakkudy (via) Kanjikuzhy, Pazhayarikandam and Venmony with stage carriage bearing registration No.KL.05-V1751 on the strength of a regular permit which was issued on 25.10.2011. Though Pattaykkudi is not a stage on the present route in respect of which the petitioner has applied for a fresh regular permit, the sector from Chelachuvadu to Venmony is common to the service now operated by the petitioner and the route in respect of which he has applied for a fresh stage carriage permit. Under the provisions of rule 183 of the Kerala Motor Vehicles Rules read with rule 217 thereof, a stage carriage operator can withdraw a stage carriage from service only after giving one month's notice of his intention to withdraw the service to the transport authority and surrendering the permit on the expiry of the period of 30 days. **[** vide **Premarajan v. Regional Transport Officer, Kannur 1990 (2) KLT 648]** . Therefore, even though the sector from Chelachuvadu to Venmony is common to the existing stage carriage permit and the permit which is applied for, this Court cannot direct that a temporary permit should be issued on a different route though a portion of the route is common, even before the surrender takes effect. This W.P.(C) No.3953 of 2012 6 Court cannot by a writ of mandamus direct the respondent to act contrary to rules 183 and 217 of the Kerala Motor Vehicles Rules and take away the effect of the statutory prescription. In view of the provisions contained in rule 183 read with rule 217 of the Kerala Motor Vehicles Rules, the petitioner is bound to operate the service on the route Chelachuvadu-Pattaykkudi until the period of the notice given by him expires. I therefore find no reason to grant an order directing the respondents to issue a temporary permit to the petitioner so as to enable him to operate a stage carriage service on the route Chelachuvadu-Vannapuram using the very same stage carriage which is covered by the stage carriage permit issued on 25.10.2011 before the notice period expires. I accordingly dispose of the writ petition with the following directions: The second respondent shall on the expiry of the notice period of one month stipulated in rule 217 of the Kerala Motor Vehicles Rules, issue a temporary permit of 20 days duration to the petitioner to operate a stage carriage service on the route Chelachuvadu – Vannapuram (via) Kanjikuzhy, Pazhayarikandam and Venmony, Bilathikavala and Mandanmudy, with stage carriage W.P.(C) No.3953 of 2012 7 bearing registration No.KL.07-V-1751, if by then a regular permit is not issued after setting the time limits. The second respondent shall continue to issue such temporary permits as and when applied for by the petitioner until such time as a decision is taken on his application for regular permit. Needless to say, in the event of the petitioner offering a vehicle other than the vehicle bearing registration No.KL.07 V 1751, even within the notice period of one month, the second respondent shall issue a temporary permit of 20 days duration and continue to issue such temporary permits if applied for by the petitioner so long as his application for regular permit is pending so as to enable him to operate the service on the route Chelachuvadu-Vannapuram. In the event of the petitioner offering another vehicle, the temporary permit shall be issued within two days from the date of receipt of the application if the vehicle offered is suitable for being put on the road and used as a stage carriage. ## Sd/- **P.N.RAVINDRAN JUDGE** /TRUE COPY/ P.A. To JUDGE vpv