Disposed

Bibin T.Alappat v. the Regional Transport Authority

Kerala HC25 Jun 2019WP(C)/14786/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ to quash a temporary permit and restrain permit issuance pending objection consideration. Court noted a subsequent order had already rejected the permit application, leading to disposal without adjudication on merits.

What did the court decide?

Writ petition dismissed due to subsequent rejection of permit application by the Respondent Secretary; applicant free to challenge the rejection order.

Bibin T.Alappat Vs the Regional Transport Authority — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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WP(C).No.14786 of 2019

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PETITIONER/S:

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BIBIN T.ALAPPAT, AGED 36 YEARS S/O.THOMAS, ALAPATT HOUSE, PURANATTUKARA.P.O., THRISSUR

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BY ADV. SRI.M.JITHESH MENON

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY, PIN-680001

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2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, PIN-680001

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3 ANANDAN, S/O.PRABHAKARAN NIAR, KURIAKOTT HOUSE, PURANATTUKARA.P.O., THRISSUR, PIN680551

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4 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS DISTRICT TRANSPORT OFFICE, THRISSUR, PIN-680003.

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BY ADVS. GOVERNMENT PLEADER SRI.G.PRABHAKARAN SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.

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OTHER PRESENT:

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SRI K.P.HARISH- SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No. 14786 of 2019

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JUDGMENT

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The petitioner, who is a stage carriage operator on the route Vadakkencherry-Guruvayoor on the strength of Ext.P1 regular permit granted in respect of stage carriage bearing Registration No. KL-8/AS-6870, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 temporary permit granted to the 3^rd respondent, on the route Triprayar-Guruvayur-Palakkad, in respect of his stage carriage bearing Registration No. KL08/AK-687, which was valid for the period from 22.05.2019 to 20.06.2019. The petitioner has also sought for a writ of mandamus commanding the second respondent not to grant any further temporary permit till Ext.P4 objection made by the petitioner is considered and disposed of, after hearing the 4^th respondent, as directed by this Court in Ext.P5 judgment dated 07.05.2019 in W.P.(C).No.13451 of 2019.

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On 07.06.2019, when this writ petition came up for

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admission, the learned Government Pleader took notice on admission to respondents 1 and 2. Learned Standing Counsel

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W.P.(C). No. 14786 of 2019

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for KSRTC took notice on admission for the fourth respondent. Urgent notice on admission by special messenger was ordered to the 3^rd respondent, returnable by 11.06.2019.

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On 12.06.2019, when this writ petition came up for consideration, it was ordered to be listed on 13.06.2019 along with the Judges papers in W.P.(C).No.15754 of 2019 in order to consider whether the judgment dated 10.06.2019 in that writ petition has to be recalled suo motu .

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A counter affidavit has been filed by the second

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respondent. Paragraphs 4 and 5 of the said counter affidavit read thus:

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“4. The application for substitute temporary permit was submitted by the permit holder of KL08/AK-687 to operate in place of KL-08/AQ-2959 in the route Thriprayar-Guruvayur-Palakkad. Temporary permit was issued to this vehicle under rule 170 of KMV rules and Rule 133 (j) of KMV rules. Therefore, the issuance of temporary permit is legal and proper. There is no irregularity or illegality in issuing in Exhibit P6, temporary permit, not exceeding 20 days. Since

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-4-

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W.P.(C). No. 14786 of 2019

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there is a public need. It is submitted that the secretary of Regional Transport Authority has jurisdiction to issue temporary permits on defaulted vacancy without concurrence from the Regional Transport Authority of other districts, since permits have been issued to operate service in substitution of vehicle already covered by a valid regular permit. It is pertinent to see that of a combined reading of section 87 & 88 (7) and Rule 170 of Kerala Rules, a temporary permit granted by a Regional Transport Authority on an inter district route shall be valid in any other region or regions without counter signature, if the temporary permit is granted for a period not exceeding 20 days. Therefore if the period of the permit is not exceeding 20 days, no counter signature is necessary for issuing temporary permits of inter district nature. Apart from these respondent have delegation of powers by the Regional Transport Authority, Thrissur to issue temporary permits in inter district route not exceeding 20 days. A true copy of the board decisiion dated 20.10.2012 wide item No.213 is produced herewith and marked as Exhibti R2(a). Therefore the contention of the

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W.P.(C). No. 14786 of 2019

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petitioner that the temporary permit was issued beyond the jurisdiction will not lie and Exhibit P6 is legal and proper.

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The route applied is an inter - district one which overlaps the notified routes and violates clause 5(c) and 19 of notification G.O.(P) No.08/2017/Trans dated 23.03.2017. Meanwhile representatives of KSRTC was heard on 28.05.2019 and they submitted a letter on 07.06.2019 stating that they are willing to takeover the route Thrissur-Palakkad -Guruvayur -Triprayar in respect of Stage Carriage KL-08/AQ2959 and is willing to conduct service on that route as per the timings of KL-08/AQ-2959. The registered owner of Stage Carriage KL-08/AK687 was heard. Based on the letter submitted by KSRTC and considering the fact that KSRTC is a fleet owner having better facility over an ordinary private operator, this authority intents to allow the opportunity for conducting service to KSRTC in the broader public interest. A stop memo was issued to KL-08/AK-687 and the application for temporary permit in respect Stage Carriage KL-08/AK-687 to operate in place of KL08/AQ-2959 was rejected. A true copy of the

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-6-

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W.P.(C). No. 14786 of 2019

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proceedings of Secretary RTA, Thrissur order No. C2/54771/2019 dated 13.06.2019 is produced herewith and marked as Exhibit R2(b).”

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Heard the learned counsel for the petitioner, the

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learned Senior Government Pleader appearing for official respondents, the learned counsel for the third respondent and also the learned Standing Counsel for the fourth respondent KSRTC.

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During the course of arguments, the learned counsel for the petitioner would point out that the grievance of the petitioner in this writ petition stands redressed, in view of Ext.R2(b) order dated 13.06.2019 of the 2^nd respondent Secretary of the 1^st respondent Regional Transport Authority, whereby the application made by the third respondent for reissue of temporary permit on the route in question, in respect of a stage carriage bearing Reg. No. KL-08/AK-687, which was directed to be considered by Ext.P5 judgment of this Court dated 10.06.2019 in W.P.(C).No.15754 of 2019, stands rejected.

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W.P.(C). No. 14786 of 2019

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In such circumstances, this writ petition is disposed of recording the fact that the application for re-issue of

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temporary permit made by the third respondent stands rejected by Ext.R2(b) order dated 13.06.2019.

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It is made clear that this judgment will not stand in the way of the third respondent challenging Ext.R2(b) order before the appropriate forum.

Sd/-

ANIL K.NARENDRAN

JUDGE

das

W.P.(C). No. 14786 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 5.1.2019 EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO ONE THOMAS RESPONDENT DATED 21.3.2019 EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 2.5.2019 EXHIBIT P5 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN WP(C)NO.13451/2019 DATED 7.5.2019 EXHIBIT P6 TRUE COPY OF THE TEMPORARY PERMIT ISSUED OT THE 3RD RESPONDENT DATED 23.5.2019 EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 23.5.2019 TO THE 4TH RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R2(A) A TRUE COPY OF THE BOARD DECISION DATED 20.10.2012 WIDE ITEM NO. 213. EXHIBIT R2(B) TRUE COPY OF THE PROCEEDINGS OF SECRETARY RTA, THRISSUR ORDER NO.C2/54771/2019 DATED 13.06.2019. EXHIBIT R2(C) TRUE COPY OF THE SHOWCAUSE NOTICE DATED 14.06.2019 OF THE REGIONAL TRANSPORT OFFICER, THRISSUR.

Bibin T.Alappat v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Bibin T.Alappat v. the Regional Transport Authority

Case brief

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What did the court decide?

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