T.O. Johnson and others v. Regional Transport Authority, Thrissur and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A.M. Shaffique, J.
- Thomas P. Joseph, J.
- Judgment Date
- 2012-02-01
- Court Decision / Holding
- W.P.C.No.32668/08 is allowed; Exts.P8 and P9 are set aside; M.P.No.1993/08 in MVAA No.427/08 is allowed; STAT is directed to implead the petitioners as additional respondents and to hear and dispose of the matter afresh within one month of receiving a copy of the judgment. W.P.C.No.35425/09 is dismissed; the revision remand is left open for fresh consideration by the RT A, and petitioners may ventilate any timing grievances through appropriate channels.
- Final Disposition
- W.P.C.No.32668/08 allowed; Exts.P8 and P9 set aside; petitioners to be impleaded; MVAA No.427/08 to be decided afresh after hearing; W.P.C.No.35425/09 dismissed; remand for fresh consideration to RT A with opportunity to be heard.
Parties to the Case
Appellants / Petitioners
- T.O. Johnson, S/O Ouseph
- M.C. Ragesh, S/O Chenankutty
- Shaji George, S/O George
- O.S. Omana, W/O Girijavallabhan
Respondents
- Regional Transport Authority, Thrissur represented by its Secretary
- The Secretary, RT.A., Thrissur
- M.R. Hari, Mangalth House, P.O. Thanissdery, Irinjalakuda, Thrissur District
- The District Transport Officer, Kerala State Road Transport Corporation, Thrissur
- State Transport Appellate Tribunal, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • Adv. Sri Anil Sivarman
Counsels for Respondents
- • R1, R2 & R5 — Govt Pleader Sri James Mathew Kadavan
- • R3 — Sri Millu Dandapani
- • R4 — Sri Babu Joseph Kuruvathazha, SC, KSRTC
Case Synopsis & Summary
This writ petition (W.P.C.No.32668/2008, with W.P.C.No.35425/2009) challenges orders of the State Transport Appellate Tribunal (STAT) concerning a proposed variation of permit on the Thanissery–Irinjalakkuda–Ambalalloor–Chalakkudy route and the consequential regulation of timings. The petitioners, four private operators, allege their own routes and schedules would be adversely affected by the variation sought by the 3rd respondent and contend they were not impleaded, preventing them from ventilating their grievance. The STAT had dismissed their impleadment application (Ext. P8) and later allowed the variation (Ext. P9), prompting the petitions. The court examines whether an existing operator can challenge a variation in permit and whether failure to implead affected parties invalidates the process. It distinguishes a prior ruling in Binu Chacko v. R.T.A Pathanamthitta to hold that an aggrieved operator may validly challenge variation if their interests are affected, referring to a clarifying view in P.V. Mathew v. T.J. John. Accordingly, Exts. P8 and P9 are set aside, and the petitioners are to be impleaded as additional respondents in MVAA No.427/08, with fresh hearings within a month. Regarding W.P.C.No.35425/09, the revision remand is left to the RT A for fresh consideration, with timing grievances open to challenge. The decision underscores fair hearing for all affected operators within the RT A/STAT framework."
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners argued that the 3rd respondent’s request for variation of permit on the contested route would affect their own routes and timings. Since they were not impleaded in the MVAA/appeal, they could not voice their grievance. They sought impleadment and a direction to the STAT to reconsider after affording them an opportunity to be heard; they contended that Ext. P8 (dismissal of impleadment) was legally unsustainable and Ext. P9 (STAT’s approval of variation) should be examined afresh with their participation.
Contentions of Respondents
The respondents contended that petitioners cannot have any grievance in respect of the order and that the STAT’s decision is sustainable. They argued that the petitioners’ non-impleadment is not fatal to the existing proceedings and urged dismissal or non-interference in the revision/remand processes. In the related W.P.C.No.35425/09, the contesting respondents supported the STAT orders and argued there was no basis for granting relief to the petitioners; any grievance regarding timing could be raised with the RT A on remand.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Binu Chacko v. R.T.A Pathanamthitta | 2006(2) KLT 172 | Distinguished | Full Bench held that an existing operator cannot challenge the grant of permit to a new operator; however, the present judgment distinguishes that view and accepts that an aggrieved operator can challenge a variation if affected. |
| P.V. Mathew v. T.J. John | W.P.C.No.11518/2009 | Positive | Cited as clarifying that an aggrieved en route operator may be impleaded and heard; the court relies on this to order impleadment and fresh consideration. |
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