High Court of KeralaDivision BenchW.P.C.No.32668/08 allowed; Exts.P8 and P9 set a...

T.O. Johnson and others v. Regional Transport Authority, Thrissur and others

Case / Petition Number:W.P.C.No.32668/2008 (L) & W.P.C.No.35425/2009
Neutral Citation:.

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 NameCitationTreatmentExplanation
Binu Chacko v. R.T.A Pathanamthitta2006(2) KLT 172DistinguishedFull 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. JohnW.P.C.No.11518/2009PositiveCited 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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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933** ## **WPC.No. 32668 of 2008 (L)** ## **---------------------------------------** ## **PETITIONER(S): -----------------------** **1. T.O. JOHNSON, S/O. OUSEPH,** - **THODUPARAMBIL HOUSE, VELLAKUNNU, KALLETUNGARA.P.O.** **2. M.C. RAGESH, S/O. CHENANKUTTY,** - **MUNDAKKAL HOUSE, P.O. PARAPOOKARA - 680 310.** **3. SHAJI GEORGE, S/O. GEORGE,** - **UKKEN HOUSE, P.O. ARIPALAM, IRINJALAKUDA - 780 688.** **4. O.S. OMANA,** - **W/O. GIRIJAVALLABHAN, KUZHIKKATIPURATH HOUSE P.O. PULLOOR, IRINAJALAKUDA - 680 683.** ## **BY ADV. SRI.ANIL SIVARAMAN** **RESPONDENT(S): ------------------------** **1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY.** **2. THE SECRETARY, R.T.A, THRISSUR.** ## **3. M.R. HARI, MANGALATH HOUSE,** ## **P.O. THANISSDERY, IRINJALAKUDA, THRISSUR DISTRICT.** **4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR.** **5. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.** **R1 , R2 & R5 BY GOVT. PLEADER SRI.JAMES MATHEW KADAVAN R3 BY SRI.MILLU DANDAPANI R-4 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-01-2012, ALONG WITH WPC. 35425/2009, THE COURT ON 01/02/2012 DELIVERED THE FOLLOWING:** ## **W.P.(C) NO.32668/2008** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **P1:- COPY OF THE COPY OF THE TIMING ISSUED BY THE 2ND RESPONDENT DTD. 26.4.07.** **P2:- COPY OF THE NOTIFICATION DT.D 9.5.07.** **P3:- COPY OF THE ORDER OF THE SIT RESPONDENT DT.D 18.8.07.** **P4:- COPY OF THE JUDGMENT OF THE STAT IN MVAA 602/07 DTD 9.1.08.** **P5:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 2.6.08.** **P6:- COPY OF THE APPEAL FILED BY THE 3RD RESPONDENT.** **P7:- COPY OF THE APPLICATION FOR IMPLEADMENT FILED BY THE PETITIONERS.** **P8:- COPY OF THE ORDER REJECTING THE APPLCIATION FOR IMPLEADMENT DT.D 25.9.08.** ## **P9:- COPY OF THE JUDGMENT DTD. 25.9.08 IN MVAA. 427/08.** ## **RESPONDENT'S EXHIBITS** **R3(1):- COPY OF THE ROUGH SKETCH OF THE ROUTE.** **R3(2):- COPY OF THE TIMING PROCEEDINGS WITH RESPECT TO THIS RESPONDENT'S SERVICE.** **R3(3):- COPY OF THE VARIATION APPLCIATION DT.D 4.6.07 SUBMITTED BY THIS RESPONDENT,** **R3(4):- COPY OF THE COVERING LETTER ANNEXED WITH EXT.R3(C) APPLICATION.** **R3(5):- COPY OF THE POCEEDINGS DTD. 18.8.07 REJECTING THE APPLCIATION EXT.R3(3).** **R3(6):- COPY OF THE SCHEME BEARING NO.G.O. (P) 20/08/TRAN. DTD. 6.5.08.** **R3(7):- COPY OF THE GAZETTE NOTIFICATION MENTIONED IN THE COUNTER.** **R3(8):- COPY OF THE THAT PROCEEDINGS DT. 25.11.08 OF THE RTA.** **TRUE COPY** **P.A. TO JUDGE** **tss** ## **A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.32668 of 2008 & 35425 of 2009 -----------------------------------------------------------Dated this the 1[st] day of February 2012 ## **J U D G M E N T** W.P.C.No.32668 of 2008 is filed challenging an order passed by the State Transport Appellate Tribunal (STAT) dismissing an application for impleading the petitioners, filed as M.P.No.1993/08 in M.V.A.A.No.427/08, as Ext.P8 and the order in M.V.A.A.No.427/08, allowing the appeal filed by the 3[rd] respondent herein. 2. It is alleged that the 3[rd] respondent's request for variation of permit operating in the route Thanissery - Irinjalakkuda - Ambalalloor - Chalakkudy was rejected by the R.T.A, against which Appeal No.427/08 was filed. It is the contention of the petitioners that they were also interested in the said route. Allowing the said request would affect their route as well as timing. 3. Since impleading petition was not allowed, they were unable to ventilate their grievance and hence the writ petition is filed challenging Exts.P8 and P9 and for a direction to the S.T.A.T to reconsider the matter after affording an opportunity to W.P.C.Nos.32668/08 & 35425/09 2 the petitioners of being heard. 4. W.P.C.No.35425/09 is filed by petitioners 1 and 4 in W.P.C.No.32668/08. This writ petition is filed challenging Ext.P10 order passed by the S.T.A.T. in M.V.A.R.P 206/09 allowing the revision petition filed by the 1[st] respondent, setting aside the order dated 26/06/2009 on the ground that there is no special circumstance insisting for a revision of the existing time schedule, which inter alia affects other operators in the route. The S.T.A.T, having set aside the impugned order, remanded the matter back to the 2[nd] respondent, the Secretary, R.T.A, Trichur for fresh consideration after giving an opportunity to the petitioners and other affected operators of being heard. Till such resettlement of timings, the status quo is directed to be continued. 5. The contesting respondent namely the 3[rd] respondent in W.P.C.No.32668/08 and the 1[st] respondent in W.P.C.No.35425/09 support the orders passed by the S.T.A.T in separate proceedings and contended that the petitioners cannot have any grievance in respect of orders passed and it does not affect their interest in any manner. 6. However, it has to be considered whether the order W.P.C.Nos.32668/08 & 35425/09 3 passed by the S.T.A.T is legally sustainable. Coming to Ext.P8 order in W.P.C.No.32668/08, the S.T.A.T had rejected the impleading applications only on the ground that as per judgment in **Binu Chacko v. R.T.A Pathanamthitta** [ **2006(2) K.L.T 172]** impleadment of the petitioner, who is an en route operator, is not necessary in an appeal challenging the rejection of request for variation of the permit. 7. This proposition, I do not think, is the correct view. In **Binu Chacko** (Supra), this Court had held that an existing operator cannot challenge the grant of permit to a new operator; but the Full Bench itself held that appeal is available to a person aggrieved by refusal of granting permit or by variation of any condition attached to a permit. In this case also what is sought for was a variation which was rejected by the Regional authority and in appeal the said order was challenged. Necessarily persons aggrieved should have been impleaded in the case to ventilate their grievance. This matter had been clarified by a Single Bench of this Court in **P.V.Mathew v. T.J.John [W.P.C.No.11518/2009]** . In that view of the matter Ext.P8 order is bad in law and is liable to be set aside. Consequently, the petitioners are also to be impleaded in the case and the 4 W.P.C.Nos.32668/08 & 35425/09 matter is to be decided afresh after considering their objections as well. 8. In the result, - a) W.P.C.No.32668/08 is allowed. - b) Exts.P8 and P9 are set aside. c) M.P.No.1993/08 in M.V.A.A.No.427/08 shall stand allowed. The S.T.A.T is directed to make necessary entries impleading the petitioners as additional respondents in M.V.A.A.No.427/08 and the matter may be heard and disposed of as early as possible and within a period of one month from the date of receipt of a copy of this judgment. 9. In regard to W.P.C.No.35425/09, this writ petition relates to a revision filed by the 1[st] respondent which was remanded back for fresh consideration. If the petitioners have a grievance in the change of timing, it is open for them to approach the 2[nd] respondent and ventilate their grievance. Hence no orders are required in this writ petition and the same is dismissed. ## **(A.M.SHAFFIQUE, JUDGE)** jsr W.P.C.Nos.32668/08 & 35425/09 5 W.P.C.Nos.32668/08 & 35425/09 6 W.P.C.Nos.32668/08 & 35425/09 7 **THOMAS.P.JOSEPH,J.** Crl.M.C.No. of 200 ORDER 19/01/2011