1

AGENDA AND NOTES OF THE MEETING OF THE RTA DATED 20/06/2018.

Item No.01 G1/7710/2018/K

Agenda-1) To peruse the Judgment in WP[c] No 42018 of 2017 of Honorable High Court of .

2.To reconsider the application for the re issue of 04 months TP U/S 87(1) C of MV Act to leased SC KL 05 AC 8056 by replacing KL 06 D 7024 on the route Koruthode - Kottayam Via Mundakkayam, , , Kodungoor, 14th Mile, , Manarcadu and in the vacancy of SC KEK 8611.

Apllicant- Sri. T V John, Thekkanattu H, Thottacadu P O, Puthuppally, Chanaganacherry.

Notes- SC KEK 8611 held a regular permit to operate on the route Koruthode - Kottayam. When permit holder discontinued the route, other operators have been operating on this route in the vacant timings of SC KEK 8611 since the year 2000. Registered Owner of SC KL 05 J 7530 operated in the vacancy of SC KEK 8611 from 04/05/2004 to 03/06/2012 on the strength of TP issued U/S 104 of the MV Act. There after R/O of SC KL 06 D 7024 has been operating service on the route Koruthode - Kottayam in the vacancy of SC KEK 8611 on the strength of TP issued U/S 104/87(1) c of the MV Act from 04/06/2012 onwards. Last of such TP issued is valid till 30/10/2014 .There after application for the re issue of TP U/S 104 of MV Act submitted by the applicant was rejected by the RTA in its sitting on 16/11/2013, stating the following reason.

“Heard. This is an application for the re issue of 04 months TP U/S 104 of MV Act in respect of SC KL 06 D 7024 to operate on the route Koruthodei-Kottayam.As per Judgment of Honorable High Court of Kerala in WA No.1943/2012 and 1957 of 2012 dated 23/08/2013,wherein the Division Bench has pointed out that on the basis of Judgment of Honorable Supreme Court in UP State RTC Vs Sanjitha Bhanu & others(2005 KHC1697 & 2005(10) SCC 250),that the private stage carriage operators have no right to claim any grant of stage carriage temporary permits on the notified route or portions there of.It has ordered that once the scheme is in force and the overlapping is permitted only to a certain extent,it is not possible to grant temporary permit based on the proviso to Section 104 of the MV Act.The benefit of the proviso to section 104 can be granted only in instances where there is no scheme and where no permits have been issued in such route. The proviso to section 104 cannot have any independent application and it is subject to the scheme framed by the Govt.in nationalized routes. In this case, the applied route is of 60 Kms. Route portion from Kottayam to Mundakkayam 52 Kms overlaps on the notified Ernakulam-Thekkady and Kottayam-Thekkady Schemes and from 14th Mile to 26the Mile 24 Kms of the route overlaps on the notified Chry-Chry Circular Scheme. KSRTC vehemently objected the grant. Hence rejected”. Then the vehicle has been issued with a 04 months TP in compliance to the Judgment of the Honorable HC of Kerala in WPC No.13577/2014 dated 29/05/2014. Thereafter RTA held from time to time has granted 04 months temporary permit U/S 87(1) c of MV Act. Last of such temporary permit issued by the RTA held on 25/07/2017 was valid till 28/12/2017.

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Now the applicant submitted an application for the re issue of a 04 months Temporary permit U/S 87(1) c of MV Act to a leased vehicle KL 05 AC 8056 along with a judgment dtd 02/11/2017 of Honorable High Court of Kerala in WP[c] No 35010/2017 in which it directed the Secretary RTA to consider the request for issue TP U/S 87 [1][c] of MV Act to the leased S/C KL 05 AC 8056 by replacing KL 06 D 7024, from the date of expiry of the existing TP. As per the report of MVI Kottayam that there is no necessity U/S 87(1) c of MV Act.

The said application was placed before the RTA Kottayam, and the RTA considered the application at sitting dtd 30/11/2017 and decided that KSRTC vehemently objected the grant. Moreover, Judgment dtd 17/10/2017 in WP[c] No 30359/2017 and WA No 993/2017 dtd 15/06/2017 of Division bench of Honorable High Court of Kerala ordered that not to grant temporary permit U/S 87[1][a], [b] [c] of MV Act. Hence the application for temporary permit for 4 months U/S 87 [1][c] to SC KL 05 AC 8056 to operate on the above route is rejected”

On 10/04/2018, the Honorable High Court has pronounced a Judgment in WP[c] Nos. 34939, 37807, 38824, 40611, 42006, 42018 and 42154 of 2017 & 159 and 3246 of 2018. The petitioners in these writ petitions have approached this Court challenging the orders rejecting the request for issuance of temporary permit to their vehicles. It is stated that the applications for temporary permit have been rejected on the ground that there is objection from the KSRTC and this Court has ordered not to grant temporary permit. As a matter of fact, this court has deprecated the practice of issuing successive temporary permits without ascertaining the temporary need. In the above view of the matter, when an application for temporary permit is submitted, the temporary need has to be assessed by the authority and any other legal contention with regard to the issuance of permit is to be considered in each case. In the above view of the matter, the impugned order is set aside. There will be a direction to the Secretary RTA concerned to consider the applications preferred by the petitioners, in accordance with law, after notice to the KSRTC and after hearing the objections, if any. In WP[c] No 159 of 2018, till the request made by the petitioner is considered in accordance with law, status quo with regard to the operation shall continue. These writ petitions are ordered accordingly.

A report was called for from the enquiry officer and he has reported that the route Koruthodu – Kottayam is having a distance of 60 Kms. Route portion from Kottayam to Mundakkayam 52 Kms overlaps on the notified Ernakulam-Thekkady and Kottayam-Thekkady Schemes and from 14th Mile to 26the Mile 24 Kms of the route overlaps on the notified Chry-Chry Circular Scheme. Moreover, there is no particular temporary need US 87 [1][c] of MV Act is existing.

Hence RTA may hear KSRTC, applicant, peruse the judgment and file, take a decision.

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Item No-02 G1/7710/2018/K

Agenda-1) To peruse the Judgment in WP[c] No 159 of 2018 of Honorable High Court of Kerala To consider the application for the re issue of 04 months TP U/S 87(1) C of MV Act to SC KL 05 S 190 on the route Ranni - Kottayam Via Palcherry, Manimala, Chamampathal, Manimala, Kodungoor, 14th Mile, Pampady, Manarcadu and Kanjikuzhy, in the vacancy of SC KRK 8330, from the date of expiry of the existing TP.

Applicant :- Sri. Sajumon J Mattathil, Poovappally Mattathil, Parampuzha, Kottayam.

Notes- SC KRK 8330 had a permit to operate on the route Ranni - Kottayam. When the route was abandoned by the permit holder, Sri. Sajimon J Mattathil was applied for the grant of fresh regular permit to operate on the route Ranni - Kottayam to his vehicle KL 07 J 8343. The regular permit application submitted by the applicant has rejected by the RTA Kottayam dated 29/07/2003 stating that the applied route objectionably overlaps on the notified portion from Kottayam to Kodungoor (27.8 Kms) on Ernakulam-Thekkady and Kottayam-Thekkady Scheme and from Palcherry to Ranny(07 Kms) on Chry-Chry Circular Scheme. There after the applicant has been operating service on this route on the strength of TP issued U/S 104 of MV Act with his various vehicles. Last of such TP issued to SC KL 05 S 190 was valid till 22/01/2014. Thereafter, application for the re issue of TP U/S 104 of MV Act submitted by the R/O of SC KL 05 S 190 has been rejected by the RTA Kottayam held on 16/11/2013 stating the following reason. Heard. This is an application for the re issue of 04 months TP U/S 104 of MV Act in respect of SC KL 05 S 190 to operate on the route Ranni-Kottayam. As per Judgment of Honorable High Court of Kerala in WA No.1943/2012 and 1957 of 2012 dated 23/08/2013, wherein the Division Bench has pointed out that on the basis of Judgment of Honorable Supreme Court in UP State RTC Vs Sanjitha Bhanu & others (2005 KHC1697 & 2005(10) SCC 250), that the private stage carriage operators have no right to claim any grant of stage carriage temporary permits on the notified route or portions thereof. It has ordered that once the scheme is in force and the overlapping is permitted only to a certain extent, it is not possible to grant temporary permit based on the proviso to Section 104 of the MV Act. The benefit of the proviso to section 104 can be granted only in instances where there is no scheme and where no permits have been issued in such route. The proviso to section 104 cannot have any independent application and it is subject to the scheme framed by the Govt. in nationalized routes. In this case the applied route is of 56 Kms. 27.8 Kms of the route overlaps on the notified Scheme Ernakulam-Thekkady,06 Kms from 14th Mile to Kodungoor overlaps on the notified Chry-Chry scheme and 07 Kms from to Ranny overlaps on the notified Erumely-Ranny scheme. KSRTC vehemently objected the grant. Hence rejected. There after the vehicle had issued with a 04 months Temporary permit in compliance to the Judgment of Honorable HC of Kerala in WPC No.12160/2014 dated 09/05/2014. Now the vehicle is operating on the strength of 04 months TP issued U/S 87(1) c of the MV Act, as per the decision of RTA Kottayam held on 25/07/2017 which is valid till 07/01/2018.

The applicant was submitted an application for the re issue of a 04 months Temporary permit U/S 87(1) c of MV Act, from the date of expiry of the existing TP. MVI Kottayam reported that no necessity U/S 87(1) c of MV Act. The vehicle has been conducting service for the past few years, with a settled set of timings. As per the report of MVI Kottayam that there is no necessity U/S 87(1) c of MV Act. 4

The said application was placed before the RTA Kottayam, and the RTA considered the application at sitting dtd 30/11/2017 and decided that KSRTC vehemently objected the grant. Moreover, Judgment dtd 17/10/2017 in WP[c] No 30359/2017 and WA No 993/2017 dtd 15/06/2017 of Division bench of Honorable High Court of Kerala ordered that not to grant temporary permit U/S 87[1][a], [b] [c] of MV Act. Hence the application for temporary permit for 4 months U/S 87 [1][c] to SC KL 05 S 190 to operate on the above route is rejected” Against the rejection the applicant has approached Honorable High Court of Kerala filed WP[c] No 159/2018. On 10/04/2018, the Honorable High Court has pronounced a Judgment in WP[c] Nos. 34939, 37807, 38824, 40611, 42006, 42018 and 42154 of 2017 & 159 and 3246 of 2018. The petitioners in these writ petitions have approached this Court challenging the orders rejecting the request for issuance of temporary permit to their vehicles. It is stated that the applications for temporary permit have been rejected on the ground that there is objection from the KSRTC and this Court has ordered not to grant temporary permit. As a matter of fact, this court has deprecated the practice of issuing successive temporary permits without ascertaining the temporary need. In the above view of the matter, when an application for temporary permit is submitted, the temporary need has to be assessed by the authority and any other legal contention with regard to the issuance of permit is to be considered in each case. In the above view of the matter, the impugned order is set aside. There will be a direction to the Secretary RTA concerned to consider the applications preferred by the petitioners, in accordance with law, after notice to the KSRTC and after hearing the objections, if any. In WP[c] No 159 of 2018, till the request made by the petitioner is considered in accordance with law, status quo with regard to the operation shall continue. These writ petitions are ordered accordingly.

A report was called for from the enquiry officer and he has reported that the route is having a distance of 56 Kms. 27.8 Kms of the route overlaps on the notified Scheme Ernakulam-Thekkady,06 Kms from 14th Mile to Kodungoor overlaps on the notified Chry-Chry scheme and 07 Kms from Erumely to Ranny overlaps on the notified Erumely-Ranny scheme Moreover, there is no particular temporary need US 87 [1][c] of MV Act is existing.

Hence RTA may hear KSRTC, applicant, peruse the judgment and file, take a decision.

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Item No.03 G1/7710/2018/K

Agenda-1) To peruse the Judgment in WP[c] No 42006 of 2017 of Honorable High Court of Kerala

Agenda-To reconsider the application for the re issue of Temporary permit U/S 87(1) C of the MV Act to SC KL 36 9190 to operate on the route - Kottayam Via Kumaranelloor, Med.College, Mannanam, Neendoor, Kallara, and Thalayolaparambu in the vacancy of SC KL 17 A 18, from the date of expiry of the existing TP.

Ref- Application from Sri. U P Vasudevan,Ulakumparambil H, Kallara South.

Notes- SC KL 17 A 18 was permitted to operate on the route Vaikom - Kottayam on the strength of a regular permit valid up to 03/09/2005.The regular permit renewal application submitted by the permit holder has rejected by the RTA stating objectionable overlapping. There after SC KL 36 9190 has been operating in place of the route bus on the strength of TP issued U/S 104 of MV Act till 22/01/2014. Application for the re issue of TP U/S 104 of MV Act has been rejected by the RTA Kottayam held on 16/11/2013 stating the following reason. “Heard. This is an application for the re issue of 04 months TP U/S 104 of MV Act in respect of SC KL 36 9190 to operate on the route Kottayam - Vaikom.

As per Judgment of Honorable High Court of Kerala in WA No.1943/2012 and 1957 of 2012 dated 23/08/2013, wherein the Division Bench has pointed out that on the basis of Judgment of Honorable Supreme Court in UP State RTC Vs Sanjitha Bhanu & others(2005 KHC1697 & 2005(10) SCC 250),that the private stage carriage operators have no right to claim any grant of stage carriage temporary permits on the notified route or portions thereof. It has ordered that once the scheme is in force and the overlapping is permitted only to a certain extent, it is not possible to grant temporary permit based on the proviso to Section 104 of the MV Act. The benefit of the proviso to section 104 can be granted only in instances where there is no scheme and where no permits have been issued in such route. The proviso to section 104 cannot have any independent application and it is subject to the scheme framed by the Govt. in nationalized routes.

In this case the applied route is of 44 Kms. Route portion from Kottayam to Gandhi Nagar 06 Kms, Med.College to Neendoor 09 Kms and Muttuchira to Vaikom 16 Kms overlaps on the notified Kottayam - Aluva, Kottayam - Neendoor and Ernakulam-Thekkady respectievely. KSRTC vehemently objected the grant. Hence, rejected.”

Then the vehicle has been issued with a 04 months TP in compliance to the Judgment of the Honorable HC of Kerala in WPC No.11197/2014 dated 22/04/2014. Thereafter RTA held from time to time has granted 04 months temporary permit U/S 87(1) c of MV Act. Last of such temporary permit issued by the RTA held on 25/07/2017 was valid till 29/12/2017.

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Now the applicant submitted an application for the re issue of a 04 months Temporary permit U/S 87(1) c of MV Act, from the date of expiry of the existing TP. MVI Kottayam reported that no necessity U/S 87(1) c of MV Act. The vehicle has been conducting service for the past few years, with a settled set of timings. The said application was placed before the RTA Kottayam, and the RTA considered the application at sitting dtd 30/11/2017 and decided that KSRTC vehemently objected the grant. Moreover, Judgment dtd 17/10/2017 in WP[c] No 30359/2017 and WA No 993/2017 dtd 15/06/2017 of Division bench of Honorable High Court of Kerala ordered that not to grant temporary permit U/S 87[1][a], [b] [c] of MV Act. Hence the application for temporary permit for 4 months U/S 87 [1][c] to SC KL 05 S 190 to operate on the above route is rejected” Against the rejection the applicant has approached Honorable High Court of Kerala filed WP[c] No 42006/2017. On 10/04/2018, the Honorable High Court has pronounced a Judgment in WP[c] Nos. 34939, 37807, 38824, 40611, 42006, 42018 and 42154 of 2017 & 159 and 3246 of 2018. The petitioners in these writ petitions have approached this Court challenging the orders rejecting the request for issuance of temporary permit to their vehicles. It is stated that the applications for temporary permit have been rejected on the ground that there is objection from the KSRTC and this Court has ordered not to grant temporary permit. As a matter of fact, this court has deprecated the practice of issuing successive temporary permits without ascertaining the temporary need. In the above view of the matter, when an application for temporary permit is submitted, the temporary need has to be assessed by the authority and any other legal contention with regard to the issuance of permit is to be considered in each case. In the above view of the matter, the impugned order is set aside. There will be a direction to the Secretary RTA concerned to consider the applications preferred by the petitioners, in accordance with law, after notice to the KSRTC and after hearing the objections, if any. In WP[c] No 159 of 2018, till the request made by the petitioner is considered in accordance with law, status quo with regard to the operation shall continue. These writ petitions are ordered accordingly.

A report was called for from the enquiry officer and he has reported that the route is having a distance of 44 Kms. Route portion from Kottayam to Gandhi Nagar 06 Kms, Med.College to Neendoor 09 Kms and Muttuchira to Vaikom 16 Kms overlaps on the notified Kottayam - Aluva, Kottayam - Neendoor and Ernakulam-Thekkady respectively. Moreover, there is no particular temporary need US 87 [1][c] of MV Act is existing.

Hence RTA may hear KSRTC, applicant, peruse the judgment and file, take a decision.

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Item No.04 G1/7710/2018/K

Agenda-1) To peruse the Judgment in WP[c] No 42154 of 2017 of Honorable High Court of Kerala 2.To reconsider the application for the re issue of a 04 months TP U/S 87(1) C of MV Act to SC KL 05 P 7891 on the route Perunna Temple - Kottayam Via Perunna, Chanaganacherry, Mathumoola, Thuruthy, Plamoodu, Kurichy, Chingavanam, Mavilangu, Bukkana, Nattakom and Manipuzha, in the vacancy of a defaulted service, from the date of expiry of the existing TP.

Applicant:- Sri. Shijo Thampi, Ampalakadavil H, Kurichy, Kottayam.

Notes- On 11/05/2004,Sri.Shijo Thampi was applied for the grant of fresh regular permit/04 months TP to operate on the route Perunna Temple-Kottayam to his vehicle KL 05 F 4275.The regular permit application submitted by the applicant has rejected by the RTA Kottayam held on 19/07/2004 stating that the applied route objectionably overlaps for a distance of 17.4 Kms on the notified Kottayam - Kottarakkara Scheme. There after the applicant has been operating service on this route on the strength of TP issued U/S 104 of MV Act with his various vehicles. Last of such TP issued to SC KL 05 P 7891 was valid till 22/01/2014. Thereafter, application for the re issue of TP U/S 104 of MV Act submitted by the R/O of SC KL 05 P 7891 has been rejected by the RTA Kottayam held on 16/11/2013 stating the following reason.

As per Judgment of Honorable High Court of Kerala in WA No.1943/2012 and 1957 of 2012 dated 23/08/2013, wherein the Division Bench has pointed out that on the basis of Judgment of Honorable Supreme Court in UP State RTC Vs Sanjitha Bhanu & others(2005 KHC1697 & 2005(10) SCC 250),that the private stage carriage operators have no right to claim any grant of stage carriage temporary permits on the notified route or portions thereof. It has ordered that once the scheme is in force and the overlapping is permitted only to a certain extent, it is not possible to grant temporary permit based on the proviso to Section 104 of the MV Act. The benefit of the proviso to section 104 can be granted only in instances where there is no scheme and where no permits have been issued in such route. The proviso to section 104 cannot have any independent application and it is subject to the scheme framed by the Govt. in nationalized routes.

In this case the applied route is of 21.8 Kms. 17 Kms of the route overlaps on the notified Scheme Kottayam-Kottarakkara. KSRTC vehemently objected the grant. Hence rejected.

Then the vehicle has been issued with a 04 months TP in compliance to the Judgment of the Honorable HC of Kerala in WPC No.12161/2014 dated 09/05/2014. Thereafter RTA held from time to time has granted 04 months temporary permit U/S 87(1) c of MV Act. Last of such temporary permit issued by the RTA held on 25/07/2017 was valid till 29/12/2017.

Now the applicant submitted an application for the re issue of a 04 months Temporary permit U/S 87(1) c of MV Act, from the date of expiry of the existing TP. MVI Kottayam reported that 8

no necessity U/S 87(1) c of MV Act. The vehicle has been conducting service for the past few years, with a settled set of timings. The said application was placed before the RTA Kottayam, and the RTA considered the application at sitting dtd 30/11/2017 and decided that KSRTC vehemently objected the grant. Moreover, Judgment dtd 17/10/2017 in WP[c] No 30359/2017 and WA No 993/2017 dtd 15/06/2017 of Division bench of Honorable High Court of Kerala ordered that not to grant temporary permit U/S 87[1][a], [b] [c] of MV Act. Hence the application for temporary permit for 4 months U/S 87 [1][c] to SC KL 05 S 190 to operate on the above route is rejected” Against the rejection the applicant has approached Honorable High Court of Kerala filed WP[c] No 42154/2017. On 10/04/2018, the Honorable High Court has pronounced a Judgment in WP[c] Nos. 34939, 37807, 38824, 40611, 42006, 42018 and 42154 of 2017 & 159 and 3246 of 2018. The petitioners in these writ petitions have approached this Court challenging the orders rejecting the request for issuance of temporary permit to their vehicles. It is stated that the applications for temporary permit have been rejected on the ground that there is objection from the KSRTC and this Court has ordered not to grant temporary permit. As a matter of fact, this court has deprecated the practice of issuing successive temporary permits without ascertaining the temporary need. In the above view of the matter, when an application for temporary permit is submitted, the temporary need has to be assessed by the authority and any other legal contention with regard to the issuance of permit is to be considered in each case. In the above view of the matter, the impugned order is set aside. There will be a direction to the Secretary RTA concerned to consider the applications preferred by the petitioners, in accordance with law, after notice to the KSRTC and after hearing the objections, if any. In WP[c] No 159 of 2018, till the request made by the petitioner is considered in accordance with law, status quo with regard to the operation shall continue. These writ petitions are ordered accordingly.

A report was called for from the enquiry officer and he has reported that the route is having a distance of 44 Kms. Route portion from Kottayam to Gandhi Nagar 06 Kms, Med.College to Neendoor 09 Kms and Muttuchira to Vaikom 16 Kms overlaps on the notified Kottayam - Aluva, Kottayam - Neendoor and Ernakulam-Thekkady respectively. Moreover, there is no particular temporary need US 87 [1][c] of MV Act is existing.

Hence RTA may hear KSRTC, applicant, peruse the judgment and file, take a decision.

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Item No-05 G1/6371/2018/K

Agenda:-To consider the dispute on virgin portion on the Granted permit of S/C KL 35 B 4025 / another suitable vehicle to operate on the route PONKUNNAM – via, 1st Mile, Thachapuzha, Neyyattussery, Elampally, Anickadu, Pallickathodu, Kooropada, Lakkattoor Jn., Puthukulam, Ayarkunnam, Thiruvanchoor, Poovathummoodu, Peroor as Ordinary Service

Ref:- Decision of RTA Kottayam dtd 22/02/2018 in vide Item No 04

Applicant- Sri. Philip C John, Chirackal [H], Lakkattoor P O, Kottayam. dtd 11/01/2018

Objector-Sri. M R Prasad, Madayankal, Mallikasseri P.O., Poovarani.

Notes

A fresh regular permit was granted by the RTA Kotayam dtd 22/02/2018 to S/C KL 35 B 4025 / another suitable vehicle to operate on the route PONKUNNAM – ETTUMANOOR via, 1st Mile, Thachapuzha, Neyyattussery, Elampally, Anickadu, Pallickathodu, Kooropada, Lakkattoor Jn., Puthukulam, Ayarkunnam, Thiruvanchoor, Poovathummoodu, Peroor as Ordinary Service subject to settlement of timings on the basis of the enquiry report submitted by the MVI Kottayam. As per the report of MVI, there is no virgin portion on the above route .

The decision of the RTA was published and communicated to the applicant, and the applicant has produced current records of S/C KL 35 B 1801 for availing granted fresh permit. A datewas fixed for convening a timing conference also. On 26/04/2018, Sri. M R Prasad, Madayankal, Mallikasseri P.O., Poovarani has submitted a complaint that the route portion from Puthukkulam to Parappattupati road is virgin and the PWD has not issued fitness certificate on that portion. He has submitted a reply given by PWD Roads Division Pampady on the RTI application submitted by the complainant.

An explanation was called for from the enquiry officer and he has stated the local enquiry conducted on the route and the inhabitants on the Puthukkulam to Parappattupati region has stated that several stage carriages were conducted service on this route portion years back. Moreover, Sri. Philip C John had operated previously on this route with his S/C KL 05 J 2505 in the year 2005.

Hence RTA may peruse the file, report of MVI, and hear the objector and take a decision.

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Item No-06 G1/3190/2018/K

Agenda – To consider the request to allow maximum time prescribed U/R 159[2] of KMV Rules for availing fresh regular permit granted by the RTA Kottayam dtd 22/02/2018 in respect of S/C KL 41 J 7175 / Suitable vehicle on the route KAMBIKA MARKET – NEREKADAVU FERRY via, Bund Road, Edayazham, Ullala, Thottakam School, Vaikom & Madiyathara School as ordinary service.

Applicant:- Sri. Siby Joseph, Perayil [H], Ambika Market, Vechoor, Vaikom.

Ref:- 1. Decision of RTA Kottayam dtd 22/02/2018 in vide Item No-02.

Notes:- A fresh regular permit was granted by the RTA Kottayam dtd 22/02/2018 in vide Item No-02 in respect of S/C KL 41 J 7175 / Suitable vehicle to operate on the route KAMBIKA MARKET – NEREKADAVU FERRY via, Bund Road, Edayazham, Ullala, Thottakam School, Vaikom & Madiyathara School as ordinary service. The communication was received by the grantee on 12/04/2018.

Now on 20/04/2018, he was requested to allow maximum time prescribed U/R 159[2] of KMV Rules for availing fresh regular permit granted by the RTA Kottayam.

Hence the RTA may peruse the file and take a decision

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Item No.07 C2/21644/2014/K

Agenda: 1. To peruse the judgment in WP[c] No.14415/2018

2.To re-consider the application for renewal of inter district regular permit in respect of S/C KL 35 3802 on the route Kottayam – Cherthala via, Alummoodu, Illickal, , Bund Road , Thanneermukkam and Varanad as ordinary service for a further period of 5 years from the date of expiry.[Permit No. 5/1532/2009]

Applicant – Sri. K P Mahesh, Mahesh Mandiram, Mariyathuruth P O, Kottayam [ Through Power of Attorney T C Thomas, Thakadiyelparambil, Channanikkadu]

(a) Regular Permit valid up to :11/08/2014 [Permit No. 5/1532/2009 – Initial

permit was issued on 12/08/2009 which was after 14/07/2009 ]

(b) Date of filing application : 27/04/2014

(d) Date of issue : 12/08/2009

Notes: S/C KL 35 3802 conducts regular stage carriage service on the route Kottayam – Cherthala via, Alummoodu, Illickal, Kumarakom, Bund Road , Thanneermukkam and Varanad as ordinary service on the strength of regular pemit valid upto 11/08/14. The permit holder has submitted an application for renewal of regular permit for a further period of 5 years from the date of expiry.

Details of the route as follows.

1.Total distance of the route : 34 kms.

2.Intra/Inter district route : Inter district. Kottayam – 25 k.m,Alappuzha-9 k.m

3.Details of concurrence : General Concurrence from RTA, Alappuzha.

4.Details of Overlapping : Nil

5. Details of HPA and NOC from finance company : Under HPA with Shriram Transport Fianance Co. Ltd,

Kottayam. Not obtained NOC from the financier.

Financier submitted objection to renew the permit.

6. Court direction if any : Yes. The judgment in WP[c] No. 14415/2018 of 12

Hon’ble High Court of Kerala is as follows

“ I order this writ petition directing the respondent

to accept the petitioner’s application for renewal of

permit , consider it and dispose it of , in terms of

Section 51[9][a] of the Motor Vehicles Act, 1988

And grant such renewal, if it is otherwise in order

And in strict terms of the applicable provisions of

The applicable provisions of the Act. This exercise

shall be completed by the respondent as

expeditiously as possible but not later than three

weeks from the date of receipt of a copy of this

judgment.”

7. Other relevant points :

This permit is issued after 14/07/2009. As per the Order NO.C2/3802/2015/K, Dtd 15/05/15 of RTA, Kottayam, the renewal of permit application was rejected since the financier has strongly objected the renewal of permit due to the default in payment of hire purchase money. Now T C Thomas power of attorney to K P Mahesh, the permit holder, has declared that a letter was sent to the financier to obtain NOC from the financier as per section51[6] of the M V Act 1988 and he had not received any communication from the financier. He also produced a judgment in WP[c] No.14415/18 to consider and dispose the renewal application in terms of Section 51 [9] [a] of the Motor Vehicles Act, 1988.

A communication was sent to both T C Thomas and the financier on 16/05/2018 to appear for a personal hearing . The Branch Manager, M/s Shriram Transport Finance Co. Ltd, Kottayam have appeared for personal hearing on 30/05/2018 and filed written objection before the Secretary, RTA, Kottayam on 31/05/2018 against the renewal the regular permit in respect of S/C KL 35 3802 due to the non settlement of the pending arrears of the loan account. The financier has not mentioned any thing about the letter said to be send by the T C Thomas to the financier. Sri. T C Thomas has not produced authenticated document to prove his version also.

Hence, RTA may hear the applicant, peruse the file and take a decision. 13

Item No-08 C2/12840/2007 K

Agenda- 1) To peruse the Judgment in WP© 10761/2006[U] of Honorable High Court of Kerala dated 29/03/2016. 2) To reconsider the adjourned application for the renewal of regular permit in respect of SC KL 06 9273 on the route Kurichy – Via Chanagnacherry,,14th Mile,Ponkunnam,Kanjirappally,Mundakkayam,Kutikkanam , and Chappathu for a further period of 05 years from the date of expiry.

Applicant- Sri C S Varkey, Cheriyanithottathil H, Chelakompu P O,Karukachal, Changanacherry.

Notes.

Permit holder of SC KL 06 9273 Sri.C S Varkey conducting service on the route Kurichy – Kattappana Via Chanagnacherry,Karukachal,14th Mile, Ponkunnam, Kanjirappally, Mundakkayam,Kutikkanam ,Elappara and Chappathu on the strength of a regular permit valid till 07/03/2007.SC KL 06 9273 is owned by Sri. John K J,Kanjirathummoottil, Parathode, Kanjirappally and is possessed by the permit holder.Application submitted in time. This permit is issued prior to 09/05/2006. This is an inter district route passing through Kottayam and Idukki disricts.Concurrence for renewal of permit granted by RTA Idukki in respect of SC KL 6 9273 vide decision dated 09/07/07(item no.S63).Route portion from Karukachal to 14th Mile comes under the notified Chanagancherry-Changanacherry circular scheme and portion from 14th Mile to Kuttikkanam comes under the notified Ernakulam-Thekkady nationalized scheme.

The permit renewal application along with application for the issue of 04 Month Temporary permit U/S 87(1) d of MV act to SC KL 05 T 5024 was placed before the RTA Kottayam held on 16/10/2008 in the light of Judgment in WP© 14742/2008 of Honble High Court of Kerala and has adjourned with the following decision.

1) Perused the Judgment. 2) (i) Considered in detail.The route objectionably overlaps on the notified route Trivandrum-Thekkady.This is the Violation of notification No.6122/B1/Tran dated 15/09/08.As per clause 04 of the said notification permit is not renewable,TP only can be issued. Hence adjourned without prejudice to the right of the applicant to approach the Secretary for TP under above clause. (ii) NOC of the financier is not produced. 14

(iii) Application for replacement of vehicle not submitted. Hence Adjourned.

On 25/03/2008 the permit holder submitted application for the replacement of the vehicle with later model SC KL 05 T 5024 which is owned by Sri.Sunny George,Kondodickal stating that the permit holder Sri.C S Varkey taken possession of the vehicle KL05 T 5024.The said application along with regular permit renewal application placed before the RTA Kottayam dated 20/08/2011has adjourned with the following findings.

1) Heard.The route bus KL 06 9273 is held under HPA with M/S KTDFC Trivandrum.The permit holder has not submitted the NOC from the financier even after the expiry of 04 years. 2) The secretary RTA has reported that the tax in respect of the outgoing vehicle KL 06 9273 is in arrears. Hence the Secretary RTA is directed to call for NOC from the financier and also assess the total amount of tax due from the permit holder. Now Joint regional Transport Officer, Kanjirappally forwarded the Registration certificate in respect of SC KL 6 9273 along with service verification report. As per the records, M/S KTDFC Trivandrum was issued Form 35 along with No objection certificate for canceling the HP Agreement which is not endorsed due to the tax arrears of the vehicle. SC KL 06 9273 attained 15 years on 07/03/2011 and tax due in respect of the vehicle is amounting to Rs 12,11370/- for the period from 01/07/2004 to 31/03/2011.As per the enquiry report dated 09/10/2009 of Sri P G Kishore AMVI Kanjirappally, it is reported that SC KL 06 9273 was dismantled and sold as scrap(as per the version of Registered owner) but no evidence received regarding the same.

Now the permit holder filed application for renewal of regular permit for a further period of 05 years from 08/03/2012.

This Item was placed before the RTA meeting dtd 17/03/2012 as in vide item No 37 and RTA took the following decision in vide order No C4/12840/2007/K. “Herad .This authority considered the matter in details and adjourned with following details. 1.Applicant will clear the arrear of tax Rs-12,11,370 and approach this authority as and when tax is cleared. 2.Secretry will place the matter before the immediately only clearance of tax.”

In this connection it is pertinent to note that, RTA is a quasi judicial body. It has directed the applicant to approach the authority for renewal and replacement of the permit only after clearance of arrear tax. RTA being a quasi judicial body it has no inherent powers to review its own decision. In order to review the decision taken by RTA an order from appellate authority as contemplated u/r 90 of the MV Act is mandatory. In this case it is humbly submitted that the applicant has not challenged the decision of RTA dated 17.03.2012 before 15

any appellate forum. Hence request of the petitioner is worthless and the Secretary, RTA has no powers to pass an order on an application which is adjourned by the RTA.

It is also noted that as per section 3 (03) of the Kerala Motor vehicles Taxation Act, The registered owner of, or any person having possession or control of a motor vehicle shall, for the purpose of this Act, be deemed to use or keep such vehicle for use in the state, except during any period for which no tax is payable on such motor vehicle under sub section (1) of section 5. As per the lease deed dated 30.03.2004, appellant is in possession of the vehicle KL 06 9273. Hence the possessor is also liable to pay the arrear tax.

On 30.11.2017 the permit holder Sri.C.S.Varkey again submitted a request to re-consider the permit renewal application. The applicant appeared for personal hearing on 05.01.2018. The tax in respect of the vehicle KL 06 9273 was in arrears from 01.07.2004, application was kept pending with direction to the applicant to clear the tax arrears. The tax arrears not cleared till date. Permit renewal application in respect of the vehicle KL 06 9273 has considered by the RTA in its meeting held on 17.03.2012 and decision had already taken and communicated to the applicant.

Matter being so, Now the permit holder submitted a request before the Honorable Chairman RTA, Kottayam to renew and replace regular permit covered with SC KL 06 9273 without insisting clearance of arrear tax.

Hence, RTA may hear the applicant, peruse the file and Judgment and take decision.

16

Item No-09 C1/59398/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 67 A 1887 RAMAPURAM – KOTTAYAM from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.K J ABRAHAM, KOONTHAMATTATHIL HOUSE, MONIPALLY, KOTTAYAM 2. Sri. SIMON ABRAHAM, KOONTHAMATTATHIL HOUSE, MONIPALLY ,KOTTAYAM Notes:-

The permit holder of S/C KL 67 A 1887 Sri . K J ABRAHAM, KOONTHAMATTATHIL HOUSE, MONIPALLY, KOTTAYAM permitted to operate service on the route RAMAPURAM – KOTTAYAM with a valid regular permit up to 08/11/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violate the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide.

Hence the RTA may hear the applicants, peruse the records and take a decision

17

Item No-10 C1/47241/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 05 X 2007PAMPADY – MEDICAL COLLEGE from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.PHILIP C JOHN, CHIRACKAL HOUSE, LAKKATTOOR P.O, KOTTAYAM 2. Sri. SAJU MON M V, KUNNUMPURATHU HOUSE, KOOROPPADA,KOTTAYAM Notes:-

The permit holder of S/C KL 05 X 2007 Sri . PHILIP C JOHN, CHIRACKAL HOUSE, LAKKATTOOR P.O, KOTTAYAM permitted to operate service on the route PAMPADY – MEDICAL COLLEGE with a valid regular permit up to 07/09/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

18

Item No-11 C1/36066/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 05 T 3083 KALLUNGATHARA – KOTTAYAM from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.ELIZABETH KURIAN , CHEERTHARA HOUSE, CHENGALAM SOUTH, KOTTAYAM 2. Sri. BINU M , NAGAPPALLY, SITHARA , MARIYATHURUTHU , KOTTAYAM Notes:-

The permit holder of S/C KL 05 T 3083 Sri . ELIZABETH KURIAN , CHEERTHARA HOUSE, CHENGALAM SOUTH, KOTTAYAM permitted to operate service on the route KALLUNGATHARA – KOTTAYAM with a valid regular permit up to 06/11/2018 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

19

Item No-12 C1/48835/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 05 T 1155 MEDICAL COLLEGE- CHANGANACHERRY from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.SUNNY P.C, PUTHENPURACKAL HOUSE,PUTHENCHANDA,CHANGANACHERRY 2. Sri. PRIYAN MATHEW, PUTHENPURACKAL HOUSE, VAKATHANAM , CHANGANCHERRY Notes:-

The permit holder of S/C KL 05 T 1155 Sri . SUNNY P.C, PUTHENPURACKAL HOUSE,PUTHENCHANDA,CHANGANACHERRYpermitted to operate service on the route MEDICAL COLLEGE- CHANGANACHERRY with a valid regular permit up to 31/12/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

20

Item No-13 C1/48834/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 33 F 85KOTTAYAM – THIRUVALLA from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.SUNNY P C, PUTHENPURACKAL HOUSE, PUTHENCHANDA P.O, VAKATHANAM 2. Sri. PRIYAN MATHEW, PUTHENPURACKAL HOUSE, VAKATHANAM , CHANGANCHERRY Notes:-

The permit holder of S/C KL 33 F 85 Sri . SUNNY P.C, PUTHENPURACKAL HOUSE,PUTHENCHANDA,CHANGANACHERRYpermitted to operate service on the route KOTTAYAM – THIRUVALLA with a valid regular permit up to 18/08/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

21

Item No-14 C1/52229/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 33 E 1088 KOTTAYAM – MATHAMBA from the name of the 1st applicant to the name of the 2nd

Applicants:-1. Sri.SCARIA M A, MATTAPARAMBIL HOUSE, PAINGANA, P.O, KOTTAYAM

2. Sri. BIJU B PRABHAKARAN, BIJU BHAVAN, VAKATHANAM , KOTTTAYAM Notes:-

The permit holder of S/C KL 33 E 1088 Sri . SCARIA M A, MATTAPARAMBIL HOUSE, PAINGANA, MUNDAKAYAM P.O, KOTTAYAM permitted to operate service on the route KOTTAYAM- MATHAMBA with a valid regular permit up to 06/02/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees. The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

22

Item No-15 C1/45092/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 33 K190 PALA- PONKUNNAM from the name of the 1st applicant to the name of the 2nd

Applicants:-1. Sri.ABRAHAM CHACKO, VALAYATHIL HOUSE, MADUKKAKKUNNU P.O, ELIKKULAM, EANJIRAPPALLY 2. Sri. ABRAHAM T A, THALAVAYALIL HOUSE, PULIKKAL KAVALA P.O,, KOTTAYAM Notes:-

The permit holder of S/C KL 33 K 190 Sri . ABRAHAM CHACKO, VALAYATHIL HOUSE, MADUKKAKKUNNU P.O, ELIKKULAM, KANJIRAPPALLY permitted to operate service on the route KOTTAYAM- MATHAMBA with a valid regular permit up to 17/08/2019 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

23

Item No-16 C1/51347/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 44 A 3375 KAVUMKANDAM- CHERTHALA from the name of the 1st applicant to the name of the 2nd

Applicants:-1. Sri.HARISH KUMAR T H , THURUTHIYIL HOUSE, KIDANGOOR SOUTH P.O, KOTTAYAM 2. Sri. JUSTIN K GEORGE, KATTOMPARAMBIL HOUSE, KONGANDOOR P.O, AYARKUNNAM Notes:-

The permit holder of S/C KL 44 A 3375 Sri Harish Kumar T H , Thuruthiyil house, Kidangoor South P.O, Kottayam permitted to operate service on the route KAVUMKANDAM- CHERTHALA with a valid regular permit up to 01/05/2020 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

Enquiry conducted through MVI ,Kottayam reveals that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

24

Item No-17 C1/57339/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 17 J 3106 CHANGANACHERRY- KOTTAYAM from the name of the 1st applicant to the name of the 2nd

Applicants:-1. Sri.LIJI JOSEPH, THANDAPPARA, , CHANGANACHERRY, KOTTAYAM 2. Sri. LAIJU JOSEPH, THANDAPPARA , CHEERANCHIRA P.O, CHETHIPUZHA, KOTTAYAM Notes:-

The permit holder of S/C KL 17 J 3106 Sri LIJI JOSEPH, THANDAPPARA, VAZHAPPALLY, CHANGANACHERRY, KOTTAYAM permitted to operate service on the route CHANGANACHERRY- KOTTAYAM with a valid regular permit up to 27/08/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

Enquiry conducted through MVI ,Kottayam reveals that the vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit does not defeat the interest of the employees. The application for transfer of permit does not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision

25

Item No-18 C1/38270/2018/K

Agenda:- 1.To Peruse the Judgment in WP©No.17408 of 2018 Dtd 01/06/2018

2.To reconsider the application for transfer of permit in respect of S/C KL 13 AE 1004 on the route PATHAMPUZHA-PALA Via,,,PANACKAPALAM & BHARANAMGANAM from the name of the 1st applicant to the name of the 2nd

Applicants:- 1.Sri.THOMAS P J, PARAYIL CHERADI VALIYAVEETTIL HOUSE, PLASSANAL P.O,KOTTAYAM 2.Sri. JAMESKUTTY VARKEY, KIZHAKKETHOTTAM, POONJAR P.O, KOTTAYAM Notes:-

This item was placed before the RTA at its meeting held on 25/04/2018 and the following decision was taken ‘’ Heard, the learned counsel represented the transferor and the transferee. Objection raised at the meeting against the genuineness of the application. Hence Secretary RTA is directed to enquire the genuineness of the application and place before next RTA. Hence Adjourned. “Hence enquiry conducted through MVI ,Kottayam and reveals that The joint application for transfer of permit is genuine and bonafide.Now the first applicant Sri THOMAS P J, PARAYIL CHERADI VALIYAVEETTIL HOUSE, PLASSANAL P.O,KOTTAYAM produced a judgment in WP©No.17408 of 2018 Dtd 01/06/2018 ,which directed to consider and pass final orders on joint application within a period of one month from the date of receipt of a copy of this judgment

Hence the RTA may hear the applicants, peruse the records and take a decision

26

Item No-19 C2/59390/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 34 B 6481 on the route Elamkadu Top -KISSUMUM from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. George Abraham, Chalakuzhy house, Erumely P O , Kottayam

2. Sri. Johnykutty Thomas , S/o Mathai Thomas, Urumpil house, Kannimala P O , Erumely North, Kottayam Notes:-

The permit holder of S/C KL 34 B 6481 Sri George Abraham, Chalakuzhy house, Erumely P O , Kottayam permitted to operate service on the route Elamkadu Top -KISSUMUM with a valid regular permit up to 17/10/2019 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees. The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

27

Item No-20 C2/59393/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 35 6829 on the route Koothattukulam - Kuruppumthara from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Mathew Abraham, Koonthamattathil house, Monippally P O

2. Sri. Simon Abraham, Koonthamattathil house, Monippally P O

Notes:-

The permit holder of S/C KL 35 6829 Sri Mathew Abraham, Koonthamattathil house, Monippally P O permitted to operate service on the route Koothattukulam - Kuruppumthara with a valid regular permit up to 07/12/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

28

Item No-21 C2/13989/2018/K

Agenda:- To consider the application for transfer of permit in respect of leased S/C KL 05 AB 6468 on the route Kallara - Pala from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Bijo Jose, Naduvilechethalil house, Koodalloor P O, Kidangoor

2. Sri. Abraham Mathew, Njonginiyil house, Athirampuzha P O, Kottayam

Notes:-

The permit holder of leased S/C KL 05 AB 6468 Sri. Bijo Jose, Naduvilechethalil house, Koodalloor P O, Kidangoor permitted to operate service on the route Kallara - Pala with a valid regular permit up to 03/05/2020 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

29

Item No-22 C2/ 49118/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 34 B 5067 on the route Kottayam - Parathanam from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Thomas George, Kondodikkal house, Thottakkadu P O, Changanacherry 2. Sri. Vishnu R Nair, Vishnu Nivas, Poothakkuzhy, Pampady

Notes:-

The permit holder of S/C KL 34 B 5067 Sri. Thomas George, Kondodikkal house, Thottakkadu P O, Changanacherry permitted to operate service on the route Kottayam - Parathanam with a valid regular permit up to 11/03/2022 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

30

Item No-23 C2/ 56665/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL 35 5531 on the route Ayarkunnam – Kottayam from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Sijo Mathew, Vakkayil [H], Paduva P.O., Kottayam. 2. Sri. Harishkumar, Thuruthiyil [H], Kidangoor, Kottayam.

Notes:-

The permit holder of S/C KL 35 5531 Sri. Sijo Mathew, Vakkayil [H], Paduva P.O., Kottayam permitted to operate service on the route Ayarkunnam – Kottayam with a valid regular permit up to 22/03/2022 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees. The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

31

Item No-24 C2/ 5071/2018/K

Agenda:- 1. To peruse the judgment in WP[c] No.9523/2018 of Hon’ble High Court of Kerala.

2.To consider the request for transfer of permit in respect of S/C KL 07 AX 4946 covered by a temporary permit on the route Kottayam - Parippu from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Thomas, S/o Devasia Chacko, Mannanal house, Lakkattoor, Kooroppada, Kottayam 2. Sri. Abu K S, Kaimukkil house, Aymanam P O,Kottayam

Notes:-

S/C KL 07 AX 4946 was conducting stage carriage service on the route Parippu – Kottayam with a regular permit which was valid upto 25/03/2015.The initial permit was issued after 14/07/2009. The renewal of regular permit application was considered by RTA at its sitting on 08/02/2016 and taken the following decision as follows.

“ Heard Adv. I Dinesh Menon, learned counsel represented the applicant. Considered the application for renewal of regular permit in respect of the stage carriage KL 07 AX 4946 operating on the inter district route Parippu-Kottayam as Town Service. This permit is seen issued after 09-05-2006 (ie on 29/01/2010).

The route applied overlaps from Gomathy Pump Junction to Baker Junction 0.6 Kms on notified Ernakulam-Thekkady Scheme and from Baker Jn to Kudayampady 3.2 Kms on Kottayam-Neendoor complete exclusion scheme. As per notification No. 42/2009/Trnas dtd 14/07/2009, the maximum permissible overlaps is 5 Km or 5 % of the length of their own route which ever is less on the notified route for the purpose of intersection. In this case the route length is 10.5 Kms and it overlaps 3.8 Kms on the notified route, which exceeds the maximum permissible limit.

Honorable High Court also held that a private operator of stage carriage service traversing the same line of travel on a notified route cannot be permitted to overlap for a distance beyond the limit prescribed on the ground that it is an inevitable intersection [2013(2) KLT 280]. Hence regular permit renewal application is hereby rejected.

Secretary,RTA has liberty to grant and issue temporary permit of 04 months duration U/S 87(1) c of MV Act or till KSRTC resume service which ever is earlier.”

After the rejection of renewal of regular permit application, 4 months temporary permit is issued to the permit holder in respect of S/C KL 07 AX 4946 regularly since the KSRTC has not occupied in the route. The existing temporary permit [5/173/2018] is valid upto 22/06/2018.

32

The first and second applicants were jointly approached before the Hon’ble High Court of Kerala to seek transfer of permit in respect of S/C KL 07 AX 4946 and the Hon’ble Court has delivered its judgment in WP[c] No.9523/2018 as follows.

“ Having heard learned counsel for the petitioners and the learned Government Pleader, I am of the opinion that Ext.P3 [ request for transfer of permit] application preferred by the petitioners is liable to be considered in accordance with law.

There will be a direction to the respondents to take up, consider and pass orders on Ext.P3 application within a period of six weeks from the date of receipt of a copy of this judgment.”

The applicants were appeared before Secretary, RTA on 13/06/2018. S/C KL 07 AX 4946 is not covered any regular permit now and is conducting service with temporary permit .

Hence the RTA may hear the applicants, peruse the records and take a decision.

33

Item No-25 C3/59562/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-37-A-8139 on the route Kottayam - Kuruppanthara from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Jense Jose, Puthusseriyil House, Athirampuzha.P.O, Kottayam

2.Smt. Sini Mathew,Manatt House, Athirampuzha.P.O, Kottayam Notes:-

The permit holder of S/C KL-37-A-8139 Sri.Jense Jose, Puthusseriyil House, Athirampuzha.P.O, Kottayam permitted to operate service on the route Kottayam - Kuruppanthara with a valid regular permit up to 28/09/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

34

Item No-26 C3/61679/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-16-J-9777 the route Pala - Koothattukulam from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Biju Augustine, 308, Varalikkara Malayil House, Ramapuram.P.O,Pala

2. Sri. Sabu Joseph, Karackal House, Kadappattoor, ,Kottayam Notes:-

The permit holder of S/C KL-16-J-9777 Sri.Biju Augustine, 308, Varalikkara Malayil House, Ramapuram.P.O,Pala permitted to operate service on the route Pala - Koothattukulam with a valid regular permit up to 30/05/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

35

Item No-27 C3/44381/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-17-E-7668 the route Kuravilangadu - Kottayam from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Jose Kurian, Valiyakulathil House, Kuravilangadu.P.O,Pala

2. Sri. Baby Jacob,Palakkottu House, Koodalloor.P.O, Kottayam Notes:-

The permit holder of S/C KL-17-E-7668 Sri.Jose Kurian, Valiyakulathil House, Kuravilangadu.P.O,Pala permitted to operate service on the route Kuravilangadu - Kottayam with a valid regular permit up to 26/11/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

36

Item No-28 C3/11875/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-05-Z-9985 the route Kottayam - Kolladu from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Laiju Joseph, Pariyarathu House, Panachikkadu, Kottayam

2. Sri. Sibi Kurian,Thaipparambil House, Mariyappally, Kottayam Notes:-

The permit holder of S/C KL-05-Z-9985 Sri.Laiju Joseph, Pariyarathu House, Panachikkadu, Kottayam permitted to operate service on the route Kottayam - Kolladu with a valid regular permit up to 30/09/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

37

Item No-29 C3/61380/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-35-G-8977 the route Pathampuzha - Kottayam from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Harishkumar.T.H,Thuruthiyil House, Kidangoor South .P.O,Kottayam

2. Smt.Laila Luka, Neerolickel House, Kidangoor South .P.O,Kottayam Notes:-

The permit holder of S/C KL-35-G-8977 Sri.Harishkumar.T.H,thuruthiyil House, Kidangoor South .P.O,Kottayam permitted to operate service on the route Pathampuzha - Kottayam with a valid regular permit up to 08/10/2021 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

38

Item No-30 C3/48833/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-33-D-8592 the route Kottayam - Thiruvalla from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Sunny .P.C, Puthenpurackal House, Vakathanam.P.O,Changanacherry

2. Sri.Priyan Mathew, Puthenpurackal House, Vakathanam.P.O,Changanacherry Notes:-

The permit holder of S/C KL-33-D-8592 Sri.Sunny .P.C, Puthenpurackal House, Vakathanam.P.O,Changanacherry permitted to operate service on the route Kottayam - Thiruvalla with a valid regular permit up to 12/07/2020 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

39

Item No-31 C3/36663/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-33-G-8985 the route Kottayam - Pala from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Harishkumar.T.H,Thuruthiyil House, Kidangoor South .P.O,Kottayam

2. Sri.John .N.M, Neerolickal House, Vazhithala,Purapuzha, Notes:-

The permit holder of S/C KL-33-G-8985 Sri.Harishkumar.T.H,Thuruthiyil House, Kidangoor South .P.O,Kottayam permitted to operate service on the route Kottayam - Pala with a valid regular permit up to 24/11/2019 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

40

Item No-32 C3/59394/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-35-9533 the route Kothattukulam - Pala from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri.Abraham.K.J, Koonthamattathil House, Monippally.P.O,Kottayam

2. Sri.Simon Abraham , Koonthamattathil House, Monippally.P.O,Kottayam Notes:-

The permit holder of S/C KL-35-9533 Sri. Abraham.K.J, Koonthamattathil House, Monippally.P.O,Kottayam permitted to operate service on the route Kothattukulam - Pala with a valid regular permit up to 28/06/2022 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees. The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

41

Item No-33 C3/61480/2018/K

Agenda:- To consider the application for transfer of permit in respect of S/C KL-05-X-9202 the route Erattupetta - Kanjirappally from the name of the 1st applicant to the name of the 2nd

Applicants:- 1. Sri. Stave Lukose, Vallyasserikattil [H], Onamthuruthu.P.O, Kottayam

2. Sri. Sijo Mathew, Vakkayil House, Paduva.P.O, Kottayam Notes:-

The permit holder of S/C KL-05-X-9202 Sri. Stave Lukose, Vallyasserikattil [H], Onamthuruthu.P.O, Kottayam permitted to operate service on the route Erattupetta - Kanjirappally with a valid regular permit up to 02/01/2019 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

Hence the RTA may hear the applicants, peruse the records and take a decision.

42

Item No-34 C3/16785/2014/K

Agenda:- To consider the application for condonation of delay in effecting transfer of permit is granted by the RTA,Kottayam dated 22/02/2014 in respect of S/C KL-17-B-8062 on the route Kaipuzhamuttu - Muvattupuzha from the name of the 1st applicant to the name of the 2nd

Ref :-Decision of RTA,Kottayam dated 22.02.2014

Applicants:- 1. Sri.Sani Xavier, Kampadathil House, Onakkoor.P.O, Muvattupuzha

2. Sri.Anoop,Nikarthil House, Maravanthuruth.P.O, Vaikom Notes:-

The permit holder of S/C KL-17-B-8062 Sri. Sani Xavier, Kampadathil House, Onakkoor.P.O, Muvattupuzha permitted to operate service on the route Kaipuzhamuttu - Muvattupuzha with a valid regular permit up to 06/09/2020 along with the second applicant have jointly applied for the transfer of permit. Both the applicants were heard by the secretary RTA.

On enquiry, it is found that, The vehicle is now under control and possession of the 1st applicant. He intends to sell the vehicle to the 2nd applicant. The 2nd applicant is intended to purchase the vehicle from the permit holder and he is financially sound to maintain stage carriage. The proposed transfer of permit is not defeat the interest of the employees.The application for transfer of permit is not violates the provisions of (a) &(b) of S.81(4] of MV Act 1988,KMV Rule 145(1,i]&178(2). The joint application for transfer of permit is genuine and bonafide

RTA,Kottayam considered the application in its sitting on 22/02/2014 and Transfer of permit allowed subject to the clearance of government dues and production of NOC from the financier. But the permit holder not produced the current records so far. Now he requested to condonation of delay for producing Current records.

Hence the RTA may hear the applicants, peruse the records and take a decision.

43

Item No-35 C1/74309/2017/K

Agenda:- 1.To Peruse the Judgment in WPC No 12506 of 2018 dated 10/04/2018

2.To reconsider the application for variation of regular permit in respect of KL 33 D 959 on the route KOTTAYAM – RANNY - VADASSERIKKARA Via, Manarcadu, Pampady, Kodungoor, Chamampathal, Manimala, Plachery,Ranni & Edakkulam as KOTTAYAM- RANNY Via, Manarcadu, Pampady, Kodungoor, Chamampathal , Manimala, and Plachery, Curtailing the of route portion from Ranni to Vadasserikara

Applicant:-Sri. P T ANIYAN KUNJU, PUTHUVEETIL , AJIN NIVAS, COLLECTORATE P.O, KOTTAYAM

(a) Regular Permit valid up to :15/01/2023 (b) Date of filing application :24/06/2017 (c)Permit No :5/10018/1999saved permit (d) Issued on :16/01/1998 Existing Timings

KOTTAYAM KODUNGOOR MANIMALA RANNI VADASSERIKARA A P D A P D A P D A P D A D 8.32 9.32 9.57 10.37 11.02 2.00 1.00 12.35 11.55 11.30 2.55 5.00 6.42 6.17 5.37 7.52 6.52

Proposed Timings

KOTTAYAM KODUNGOOR MANIMALA RANNI A P D A P D A P D A D 8.32 9.32 9.57 10.37 2.00 1.00 12.35 11.55 2.55 5.00 7.09 6.09 5.44 5.04

Notes:- S/C KL 33 D 959 conducts regular stage carriage service on the route KOTTAYAM- VADASSERIKKARA,via, Manarcadu, Pampady, Kodungoor, Chamampathal, Manimala, Plachery, Ranni & Edakkulam with a valid regular permit up to 15/01/2023 and settled set of timings in vide order No C1/125673/2015/K dtd 10/12/2015. [Pt No 5/10018/1999]. The registered owner has applied for a variation as KOTTAYAM- RANNY Via, Manarcadu, Pampady, Kodungoor, Chamampathal , Manimala, of existing route and Plachery , by Curtailing of route portion from Ranni to Vadasserikara without changing the 44 existing timings. The matter was placed before RTA at its meeting held on 25/07/2017 as item No 85 and the following decision has been taken “Heard The learned counsel represented the applicant. Considered the application for variation of regular permit in respect of SC KL 33 D 959 on the route KOTTAYAM- VADASSERIKKARA via Manarcadu, Pampady, Kodungoor, Chamampathal, Manimala, Plachery, Ranni & Edakkulam by curtailing the portion from Karunattuvala to Kottayam as KOTTAYAM- RANNY Via, Manarcadu, Pampady, Kodungoor, Chamampathal, Manimala, and Plachery , Curtailment of route portion from Ranni to Vadasserikara. Perused the file and enquiry report. As per clause 4 in GO(P) No 8/2017/Tran dated 23/03/2017 ,the stage carriage permits issued on or before 14/07/2009 are “Saved Permits” provided that further extension or variation shall not be allowed under any circumstances. This permit is seen issued before 14/07/2009 ie is belongs to the classification of saved permit and the permit can be continued as such without any modifications such as further extension or variation. If the proposed variations are allowed, it will be a clear violation of Clause (4) of the notification No 8/2017/Tran dated 23/03/2017.Hence rejected.

As per the Judgment in WPC No 12506 of 2018 dated 10/04/2018,it is directed to consider the application preferred by the petitioner for variation with notice to the KSRTC and to consider whether the variation sought for is on any portion on any notified route . Orders shall be passed on the application of the petitioner on merits within a period of two months from date of receipt of a copy of this judgment. Hence, Notice issued to DTO , Pathanamthitta on 23/05/2018and the report is pending

The matter was enquired through RTO PATHANAMTHITTA and submitted a detailed report

1. The distance of existing route : 60 km [Distance after variation- 50 KM] 2. Intra/Inter district route : Inter district. 3. Distance in each district if the route is inter district: Not specified in the report 4. The distance of curtailment : curtailment of 10 km from Ranni to Vadasserikara 5. The distance of Extension : Nil 6. Distance of Variation : 7. The details of overlapping on varied portion :No additional overlap 8. Details of virgin portion and road fitness certificate: Nil 9. Whether the existing timings will be changed or not: No. 10. Distance of variation on other districts : curtailment of 10 kms from Ranni to Vadasserikara 11. Details of concurrence : N.A. 12. Necessity U/R 145[6] and 145 [7] of KMV rules, feasibility and recommendations etc. : Nil 13. Court direction if any : Judgment in WPC No 12506 of 2018 dated 10/04/2018,it is directed to consider the application preferred by the petitioner for variation with notice to the KSRTC and to consider whether the variation sought for is on any portion on any notified route . Orders shall be passed on the application of the petitioner on merits within a period of two months from date of receipt of a copy of this judgment

14. Other relevant points if any : Adverse to the travelling public 45

15.Comments and suggestions on the time :- portions. Specify whether it contravens the provisions of :- Act relating speed

: The vehicle has only one trip in between Ranni & Vadasserikkara. At present the departure of this :stage carriage from Ranny to Vadasserikkara is at 10.37am and service of immediate next stage is only at 10.42 am. The return trip is at 11.30 am and in the same time another stage carriage is operating service .The termini will change after variation

15.Nature of service after variation Moffussil

Hence the RTA may peruse the judgment, report of MVI, file and take a decision.

46

Item No-36 C1/57606/2018/K

Agenda:- 1.To consider the application for variation of regular permit in respect of KL 35 E 1647 on the route ERNAKULAM - MUNDAKKAYAM Via, Vyttila, Thrippunithura, Puthiyakavu, Kanjiramattom, Thalapara, Thalayolapparmbu, Palai, Ponkunnam, and Kanjirappally as LSOS as ERNAKULAM- PAMBAVALLEY by extending from Mundakkayam to Pambavalley as LSOS with change in halting and starting as at Pala instead of Thalayolaparambu

Applicant:-Sri. Mohanan Nair, Randanithadathil house, Elackad P.O,Marangattupally, Kottayam dtd 31/05/2018. (a) Regular Permit valid up to :20/10/2020 (b) Date of filing application :31/05/2018 (c)Permit No :5/101010/03saved permit (d) Issued on :21/10/2005 Existing Timings

VYTTILA THALAYOLAPARAMBU PALA PONKUNNAM MUNDAKAYAM A D A P D A P D P A D 6.34 5.30AM 7.39 8.44 9.49 10.31 11.08 4.39 3.34 2.52 2.15 5.55 4.41 6.49 7.53PM HALT

Proposed Timings VYTTILA THALAYOLAPPARAMBU PALA PONKUNNAM MUNDAKAYAM PAMBAVALLEY A D A P D P P A D A D 6.34 5.30AM 4.11 AM 7.39 8.44 9.49 10.31 11.08 11.15 12.00 1.55 1.10 4.39 3.34 2.52 2.15 5.55 4.41 6.49 7.53PM 9.17PM

Notes:- S/C KL 35 E 1647 conducts regular stage carriage service on the route ERNAKULAM- MUNDAKKAYAM Via, Vyttila, Thrippunithura, Puthiyakavu, Kanjiramattom, Thalapara, Thalayolapparmbu, Palai, Ponkunnam, and Kanjirappally as LSOS with a valid regular permit up to20/10/2020 and settled set of timings in vide order No C2/3592/2013/K dtd 06/06/2014. [Pt No 5/101010/2003]. The registered owner has applied for a variation as ERNAKULAM- PAMBAVALLEY by extending from Mundakkayam to Pambavalley as LSOS in the same via with halting and termini at Pala instead of Thalayolaparambu 47

The matter was enquired through JRTO Kanjirappally and submitted a detailed report

1. The distance of existing route : 108 km [Distance after variation- 131.2KM] 2. Intra/Inter district route : Inter district. 3. Distance in each district if the route is inter district: Not specified in the report 4. The distance of curtailment : Nil 5. The distance of Extension : 23.2km 6. Distance of Variation :23.2km 7. The details of overlapping on varied portion :100metre only from Mundakayam B S TO Cosway jn. [ on NH183 ] 8. Details of virgin portion and road fitness certificate: Nil 9. Whether the existing timings will be changed or not: No. 10. Distance of variation on other districts : Not specified in the report 11. Details of concurrence : N.A. 12. Necessity U/R 145[6] and 145 [7] of KMV rules, feasibility and recommendations etc. : Nil 13. Court direction if any : Nil 14. Details of effect on variation :Extension of 23.2 km from Mundakayam to Pampavalley Change in starting and termini at Thalayolaparambu to Pala. 15. Frequency of stage carriage service in the:-Vary Low [ill served area] Requested variation- portion 16. Other relevant remarks :Very helpuful for the travelling public en route, many Tribal and Harijan settlement areas here, extension portion is ill served area, There is pilgrim temples en roué and during festival season busiest places are included here

Hence the RTA may peruse the judgment, report of MVI, file and take a decision.

48

Item No-37 C1/57342/2018/K

Agenda:- 1.To consider the application for variation of regular permit in respect of KL 05 W 504 on the route Changanacherry - Thottackad Hospital Via Kurisumood, Thengana, Perumpanachy, Kurumpanadom and Vettoli as Thottakkadu Hospital, - Changanacherry in the same via, after curtailing the first trip from Changanacherry, and last trip from Thottackkadu Hospital - Applicant:-Sri.A Mathew Thomas, Kalloopparambil House, Umbidi P.O, Thottackkadu dtd 31/05/2018 (a) Regular Permit valid up to :31/05/2021 (b) Date of filing application :31/05/2018 (c)Permit No :5/101043/06saved permit (d) Issued on :01/06/2006 Existing Timings

Changanacherry Thottackad Hospital A D A D 6.40 7.22 8.42 8.00 9.00 9.42 10.05 10.47 11.20 12.02 12.05 12.47 1.20 2.02 2.10 2.52 2.55 3.37 4.03 4.45 5.00 5.42 5.45 6.27 7.30 8.12 8.15 8.57PM

Proposed Timings Changanacherry Thottackad Hospital A D A D 8.42 8.00 9.00 9.42 10.05 10.47 11.20 12.02 12.05 12.47 1.20 2.02 2.10 2.52 2.55 3.37 4.03 4.45 5.00 5.42 5.45 6.27 7.30 8.12

Notes:- S/C KL 05 W 504 conducts regular stage carriage service on the route Changanacherry - Thottackad Hospital Via Kurisumood, Thengana, Perumpanachy, Kurumpanadom and Vettoli with a valid regular permit up to31/05/2021 and settled set of timings in vide order No G1/2912/2005/K dtd 01/06/2006[Pt No 5//101043/06]. The registered owner has applied for a variation as Thottakkadu Hospital, - Changanacherry in the same via, after curtailing the first trip from Changanacherry, and last trip from Thottackkadu Hospital 49

The matter was enquired through JRTO Changanacherry and submitted a detailed report

1. The distance of existing route : 13.5km [Distance after variation- 13.5KM] 2. Intra/Inter district route : Intera district. 3. Distance in each district if the route is inter district: Not specified in the report 4. The distance of curtailment : Curtailing the first single trip from changancherry to Thottackkadu hospital [departure at 6.40am] and last Single Trip from Thottackkadu hospital to Changanacherry [departure at 8.15] 5. The distance of Extension : nil 6. Distance of Variation :13.5km 7. The details of overlapping on varied portion :No additional over laping 8. Details of virgin portion and road fitness certificate: Nil 9. Whether the existing timings will be changed or not: Yes. 10. Distance of variation on other districts : Not specified in the report 11. Details of concurrence : N.A. 12. Necessity U/R 145[6] and 145 [7] of KMV rules, feasibility and recommendations etc. : Nil 13. Court direction if any : Nil

14.Nature of service after variation : Moffusil

15.Comments and suggestion on the time schedule Proposed with average time gap in the applied route as well as its major portion. Specify whether it contravenes the provision of Act relating to speed :The average time gap of 10 to 20 minutes in Thottackkaduhospital- Perumpanachy sector and an average of 5 minutes in Perumpanachy – Changanacherry Sector.

Hence the RTA may peruse the judgment, report of MVI, file and take a decision.

50

Item No-38 C3/50535/2018/K

Agenda :- To Consider the application for variation of permit in respect of S/C KL-33-H-8818 on the route Mattakkara – Kottayam Via Lakkattor, Poothirikkal, Oravackal, Manarcadu Church and Vadavathoor as Ordinary Service AS Cherpunkal – Kottayam - Via Chemvilavu, Paduva, Mattakkara Lakkattor,Poothirikkal, Oravackal, Manarcadu Church and Vadavathoor as Ordinary Service.

Applicant:- Sri. Joseph Mathew, Vakkayil House, Paduva .P.O

(a) Regular Permit Issued On : 25/05/1999[Saved Permit]

(b)Regular permit valid up to : 24/05/2019

(c) Date of filing application : 15/05/2018

EXISTING TIMINGS

MATTAKKARA KOTTAYAM A D A D 6.55am 7.50 8.57 8.02 9.15 10.12 11.37 10.42 11.50 12.45 2.50 1.55 3.20 4.15 5.40 4.45 6.00 6.55 7.57pm[Halt] 7.02 PROPOSED TIMINGS

CHERPUNKAL MATTAKKARA KOTTAYAM A D A P D A D 6.55 am 7.50 8.57 8.02 9.15 10.12 11.37 10.42 11.50 12.45 2.37 2.17 1.22 3.00 3.20 4.15 5.40 4.45 6.00 6.55 7.57 7.02

51

Notes:- S/C KL-33-H-8818 is covered by regular permit on the route Mattakkara – Kottayam Via Lakkattor, Poothirikkal, Oravackal, Manarcadu Church and Vadavathoor as Ordinary Service has applied for variation condition of regular permit As Cherpunkal – Kottayam - Via Chemvilavu, Paduva, Mattakkara Lakkattor, Poothirikkal, Oravackal, Manarcadu Church and Vadavathoor as Ordinary Service Enquiry conducted trough JRTO , Pala and it reveals the following 1. The distance of existing route : 22 Km [ Distance after Extension 30 kms] 2. Intra/Inter district route : Intra

3. Distance in each district if the route is inter district:

4. The distance of curtailment : Nil 5. The distance of extension : 8 km extension from Mattakkara to Cherpunkal 6. The details of overlapping : Nil 7. Details of virgin portion and road fitness certificate: Nil

8. Whether the existing timings will be changed or not: Yes Changed 9. Distance of variation on other districts : Nil 10.Nature of service after Extension : Moffusil 11. Details of concurrence : N/A 12. Necessity U/R 145[6] of KMV rules, feasibility and recommendations etc :-This extension is beneficial for the commuters in this sector which is not well served. 13. Court direction if any : Nil 14. Other relevant points if any : Enquiry officer reported that the proposed variation not affecting the current settled timings. The timings on the extension portion may be settled in a timing conference.

Hence the RTA may peruse the report, file and take a decision.

52

Item No-39 C3/108598/2017/K

Agenda.:- 1) To peruse the Judgment in M.V.A.R.P No. 2/2018 of Honorable STAT dated 10/05/2018. 2)To Re consider the application for variation of permit in respect of S/C KL-35- 9542 operating on the route Pala – Edakkunnam Via, Bharanamganam, Panackapalam,Erattupetta, Thidanadu ,Pinakkanadu, Kanjirappally As Pala – Edakunnam on the same via, Curtailment of One round Trip from Kanjirappally to Edakunnam and Edakkunnam to Kanjirappally [12.00 departure Kanjirappally and 12.40 departure from Edakkunnam] without changing the other timings. Applicant:- Sri. Muhammed Rasi, Kochuparambil [H], Erattupetta, Pala

(a) Regular Permit issued on : 01/03/1996 [Saved Permit] (b) Regular permit valid up to : 28/02/2021 (c) Date of filing application : 26/09/2017 EXISTING TIMINGS

PALA ERATTUPETTA KANJIRAPPALLY EDAKKUNNAM A D A P D A P D A D 6.00 6.33 6.50 7.23 8.03 8.19 8.35 10.35 10.02 8.51 9.22 12.16 10.38 11.11 11.51 12.00 12.40 2.43 2.10 12.56 1.30 3.10 3.43 3.45 4.25 4.50 6.03 5.30 6.10 6.43 7.23 7.55 9.08 8.35 9.15 9.48[H]

PROPOSED TIMINGS PALA ERATTUPETTA KANJIRAPPALLY EDAKKUNNAM A D A P D A P D A D 6.00 6.33 6.50 7.23 8.03 8.19 8.35 10.35 10.02 8.51 9.22 10.38 11.11 11.51 12.00 2.43 2.10 12.56 1.30 3.10 3.43 3.45 4.25 4.50 6.03 5.30 6.10 6.43 7.23 7.55 9.08 8.35 9.15 9.48[H]

53

Notes:- S/C KL-35-9542 is covered by regular permit on the route Pala - Edakkunnam- Via,Bharanamganam, Panackapalam,Erattupetta, Thidanadu ,Pinakkanadu, Kanjirappally As Pala – Edakunnam One Trip Cut from Kanjirappally to Edakunnam[12.00 departure Kanjirappally and 12.40 departure from Edakkunnam].But there was several compliant received[including Transport Commissionerate] from the public of Edakkunnam area for this stage carriage does not conducting service at Edakunnam . A detailed enquiry conducted through SRTO,Kanjirappally reveals that the compliant is genuine and Shaw Cause Notice issued to the Permit Holder on 10/10/2017.There was already 3 check report received from SRTO,Kanjirappally for trip curtailment for this stage carriage.

Enquiry conducted trough MVI ,Kanjirappally reveals the following

1. The Stage Carriage Preceding to KL-35-9542 departs Kanjirappally to Edakkunnam at 11.40 hrs and in return it departs Edakkunnam to Kanjirappally at 12.23 hrs and the Stage Carriage succeeding KL-35-9542 departs Kanjirappally to Edakkunnam at 12.49 hrs and in return it departs Edakkunnam to Kanjirappally at 13.25 hrs. If curtailment /avoiding of trip of Stage Carriage KL-35-9542 departing Kanjirappally to Edakkunnam at 12.00 hrs is allowed, the time gap will increase to 69 minutes [Kanjirappally to Edakkunnam] and 62 minutes[Edakkunnam to Kanjirappally] which are presently 34 minutes & 32 minutes respectively .This will cause undue hardships to the travelling public on Kanjirappally - Edakkunnam sector & they will be compelled to depend other modes of transport such as parallel services. 2. Already there exits several compliant from public of Edakkunnam area that they are facing travelling difficulty due to the unauthorized curtailment of trip of this Stage Carriage& check report have been prepared and submitted in this regard. This matter was considered RTA, Kottayam in its meeting conducted on 30/11/2017 and the following decision are taken. “Heard The learned counsel represented the applicant. Considered the application for variation of regular permit in respect of S/C KL-35-9542 operating on the route Pala - Edakkunnam- Via,Bharanamganam, Panackapalam,Erattupetta, Thidanadu ,Pinakkanadu, Kanjirappally As Pala – Edakunnam One Trip Cut from Kanjirappally to Edakunnam[12.00 departure Kanjirappally and 12.40 departure from Edakkunnam]. Perused the file and enquiry report. As per clause 4 in GO(P) No 8/2017/Tran dated 23/03/2017 ,the stage carriage permits issued on or before 14/07/2009 are “Saved Permits” provided that further extension or variation shall not be allowed under any circumstances. This permit is seen issued before 14/07/2009 ie is belongs to the classification of saved permit and the permit can be continued as such without any modifications such as further extension or variation. If the proposed variations are allowed, it will be a clear violation of Clause (4) of the notification No 8/2017/Tran dated 23/03/2017. Hence rejected. Against this decision the permit holder approaches he Honorable STAT in M.V.A.R.P No.2/2018 and the Honorable Court directed to the Regional Transport Authority Kottayam to reconsider the 54

variation of regular permit filed by the revision petitioner and pas orders in accordance with law on merits within two months from the date of copy of receipt of this order after hearing both parties including the KSRTC. Hence Secretary RTA informed the permit holder and KSRTC Authorities ,but no reply is received till date.

Hence the RTA may peruse the report, file and take a decision.

55

Item No.40 C2/9207/2018/K

Agenda: To consider the action to be taken against the regular permit of the S/C KL 34 D 5004 in lieu of the accident occurred on 02/06/2018 on the route Vattakkavu – Kottayam at 8th Mile in NH 183

Ref:- Letter No.D1[b]-41638/2018/K , dated 11/06/2018, of District Police Chief, Kottayam

Notes:-

S/C KL 34 D 5004 is conducting regular service on the route Vattakkavu - Kottayam Via, Parathodu, Kanjirappally, Ponkunnam and 14th Mile with a valid permit upto 09/08/2021. The permit holder is Sri. Manoj Jacob, Moovelil house, Palambra P O, Edakkunnam, Kanjirappally.

S/C KL 34 D 5004 was involved in a direct head on collision with the S/C KL 05 Z 1690 on 02/06/2018 at 8th mile on NH 183. Many passengers had met with injuries in the accident. A case was registered at Pampady Police Station in connection with the accident [Crime No.672/18 U/s 279,337,335 IPC]. As per the reference 1st cited , The District Police Chief , Kottayam , has forwarded the recommendation along with the report of Sub Inspector of Police, Pampady Police Station to suspend the regular permit in respect of the KL 34 D 5004 It is reported that the vehicle was driven in rash and negligence. Also reported that the S/c KL 34 D 5004 was involved in two accidents previously with Crime No.1292/14, U/s 304[A] IPC at Pampady Police Station & Crime No.887/16, U/s 279,337,338,304 [A] IPC at Pallickathod Police Station.

Motor Vehicles Inspector, Kottayam has submitted an enquiry report in this case. Enquiry officer reported that the S/C KL 34 D 5004 was in excessive speed at the time of accident and conducted service with completely worn out tyres. On the accident inspection time, the certificate of fitness of the S/c KL 34 D 5004 was cancelled.

Hence the RTA may peruse the file and take a decision.

56

Item No.41 C1/9208/2018/K

Agenda: To consider the action to be taken against the regular permit of the S/C KL 35 G 767 in lieu of the accident occurred on 05/06/2018 on the route Pala - Palackathadam at Paboli area. Ref:- Letter No.D1[b]-42288/2018/K , dated 11/06/2018, of District Police Chief, Kottayam

Notes:-

S/C KL 35 G 767 is conducting regular service on the route Pala – Palackathadam Via, Bharananganam,Edamattam,Paika,Kappad,Kanjirapally,Parathodu,Cheruvallikavu temple & Edakunnam with a valid permit upto 01/08/2020. The permit holder is Sri. Vinodkumar P K, Arackaparambil house, Edamattom P O, Bharanganam, Kottayam.

S/C KL 35 G 767 was involved in a direct head on collision with the S/C KL 35 G 8661 on 05/06/2018 at Paboli area on the Kuruvikkodu – Kappadu route. Many passangers had met with injuries in the accident. A case was registered at Ponkunnam Police Station in connection with the accident [Crime No.671/18 ]. As per the reference 1st cited , The District Police Chief , Kottayam , has forwarded the recommendation along with the report of Inspector,Station House Officer, Ponkunnam Police Station to suspend the regular permit in respect of the KL 35 G 767. It is reported that the vehicle was driven in excessive speed and negligence.

Hence the RTA may peruse the file and take a decision.

57

Item No-42 C2/41790/2018/K

Agenda:- To ratify the surrender application accepted by the Secretary, RTA, Kottayam in respect of S/C KL 03 P 5250 vide regular permit No 5/1568/2007 on the route Mundakkayam - Erumely.

Applicant:-Biju , S/o Pappachan, House NO.06-156-B, Kunnumpuram house, Kodikuthy, Peruvanthanam P O, Idukki .

Notes:-

The permit holder of S/C KL 03 P 5250 on the route Mundakkayam - Kurumbanmoozhi via Pulikkunnu , Peruthodu, Erumely, Mukkuttuthara, Kallumala, Chathanthara as Ordinary Service has applied for surrender of the regular permit vide No 5/1568/2007 valid up to 08/08/2022 . Surrender of Permit without prior intimation was compounded and collected Rs.5000/- vide receipt no.5/41792/2018,dated 23/04/2018. The applicant was heard by Secretary, RTA on 25/04/2018 and accepted the request.

Hence RTA may peruse the file and take a decision.

58

Item No-43 C3/62670/2018/K

Agenda:- To ratify the surrender application accepted by the Secretary, RTA, Kottayam in respect of S/C KL-17-B-8686 vide regular permit No 5/73/2002 on the route Kodungoor - Pala

Applicant:-Smt. Leelamma George, Thottuchalil House,Anicadu.P.O,Kottayam

Notes:-

The permit holder of S/C KL-17-B-8686 on the route Kodungoor-Pala Kodungoor-Pala Via Pallikathodu, Anicadu, Valiyathukavala, Chengalam, Kanjiramattom, thodanal, Mevida, Panthathala, & 12th Mile as Ordinary Service has applied for surrender of the regular permit vide No 5/73/2002 valid up to 06/09/2022 . Surrender of Permit without prior intimation was compounded and collected Rs.5000/- vide receipt no.5/58374/2018,dated 02/06/2018. The applicant was heard by Secretary, RTA on 25/04/2018 and accepted the request.

Hence RTA may peruse the file and take a decision.

59

Item No.44 G1/9263/2017 K

Agenda-To consider the request for

1.To allow stops for LSOS stage carriages at “Kochuparambu Jn.”

2.Shifting of existing Bus stop at “Kochuparambu Jn.” in between Karukachal and Nedungadappally on Kottayam – Kozhencherry Road.

Ref:- Application from “Aavani Grameena Vayanasala” Kochuparambu forwarded by Sri. N Jayaraj, Honorable MLA dtd 07/07/2017.

Notes- Vide reference cited, application for allow stops for LSOS stage carriages at “Kochuparambu Jn.” and Shifting of existing Bus stop at “Kochuparambu Jn.” in between Karukachal and Nedungadappally on Kottayam – Kozhencherry Road submitted by “Aavani Grameena Vayanasala” Kochuparambu, was forwarded by Sri. N Jayaraj, Honorable MLA for the consideration of RTA for taking decision. A detailed enquiry has been conducted through MVI Changanacherry regarding the matter and he has submitted a detailed report as follows.

1.Kochuparambu Bus stop is situated in between Karukachal and Nedungadappally which is 3 kms away from Karukachal Bus stand and 2 kms away from Nedungadappally Bus Stop. The LSOS buses starts from Karukachal Bus Stand is having first stop at Nedungadappally which is 5 Kms away from Karukachal Bus Stand.

2.The place Kochuparambu is a populated area and the travelling public and students are relying on public transport system for their travelling needs.

3.Kochuparambu is a small junction with the roads are coming from Anickadu to Santhipuram, and Karukachal to Mallappally.

4.On the basis of the above facts motioned above, the enquiry officer recommended to shift the existing bus stop at Kochuparambu Jn to a safe place after providing Bus bay and allow Stops for LSOS stage carriages.

Hence RTA may hear the concerned take a decision

60

Item No.45 G1/9263/2017 K

Agenda-To consider the request for Shifting of existing Bus stop at “Mannanm SNDP Jn [Gurumandiram Jn]”

Ref:- Complaint filed by Sri. Johny Joseph, Kandathiparambil, Mannanm P.O., dtd 02/02/2018.

Notes- Vide reference cited, application for Shifting of existing Bus stop at “Mannanm SNDP Jn [Gurumandiram Jn]” submitted by Sri. Johny Joseph, Kandathiparambil, Mannanm P.O. A detailed enquiry has been conducted through MVI Kottayam regarding the matter and he has submitted a detailed report as follows.

1. “Mannanm SNDP Jn [Gurumandiram Jn]” Bus stop is situated in between Mannanm Jn and Velamkulam on Mannam – Athirampuha Road. 2. The “Mannanm SNDP Jn is 800 meters away from Mannanan Jn. and 200 meters away towards Velamkulam. Shapp Padi stop is situating in between Mannanm Jn. and Mannanm SNDP Jn which is 200 meters away from Mannam Jn. and 600 meters away towards Mannanam SNDP Jn. 3. The buses are now stopping at “Mannanm SNDP Jn [Gurumandiram Jn]” but the stop has no Bus Shelters now. Hence this stop is assumed to be an unauthorized stop. 4. “Mannanm SNDP Jn [Gurumandiram Jn]” is not having sufficient space for providing bus bay now. 5. Moreover, this bus stop is situating in a curve and a compound wall is there which is obstructing the clear view of the drivers of the vehicles coming from Velamkulam to Mannan Jn. 6. At present there is no sufficient space for shifting the bus stop to a suitable place by providing bus bay and Bus shelter. On the basis of the above facts and circumstances, the existing bus stop at “Mannanm SNDP Jn [Gurumandiram Jn]” is not feasible in view of the road safety aspects.

Hence RTA may hear the concerned take a decision

61

Item No-46 G2/1504/2018

Agenda:- To declare the stretch of KK Road from Collectorate to Central Jn. as “NO HORN ZONE”

Ref:-The request of the Indian Medical Association Kottayam Branch.

2. Minutes of District Road Safety Council, Kottayam dtd 15/05/2018.

Notes

As part of the Public awareness programe conducted against Noise Pollution by propagating No Horn day on April 26, the IMA Kottayam have actively participated in this Endeavour. After the success of this programe, the IMA has proposed to create a NO HORN ZONE in Kottayam Town. The stretch of KK Road from Collectorate to Central Jn could be taken up as a Pilot Project. The said road is home to many important institutions including Govt. Buildings, Educational and Health institutions. Hence the IMA has requested to declare Collectorate to Central Jn. as “No Horn Zone”

District Road Safety Council headed by the Hon’ble District Collector Kottayam has discussed the matter in the meeting of District Road Safety Council conducted on 15/05/2018, that decided to include this matter in the ensuing RTA which is scheduled to be held on 20/06/2018.

Hence RTA may take a decision.

62

Item No- 47 5/47753/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-N-3571.

2) To consider the application for the renewal of permit in respect of A/R KL-05-N-3571.

Applicant:-Sri. Rajesh T G, Thellichira, Karappuzha P.O, Kottayam.

Permit valid up to : 12/03/2018

Date of filing application : 08/05/2018

Tax : 31/12/2018

Certificate of Fitness : 12/03/2018

Notes:-

A/R KL-05-N-3571 was covered with a regular permit No-5/363/2008, valid up to 12/03/2018. On 12/03/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. P R Kumar, MBBS, MD, Grace Medical Centre, Aimanam.

The vehicle is not having HPA. No C/R/LAR is pending. No compounding fee was collected..

Hence RTA may hear the applicant peruse the file and take a decision.

63

Item No- 48 C11/50851/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-AE-6764.

2) To consider the application for the renewal of permit in respect of A/R KL-05-AE-6764.

Applicant:-Sri. Soman, Aruparayil, Thiruvarppu P.O, Kottayam.

Permit valid up to : 20/02/2018

Date of filing application : 15/05/2018

Tax : 31/03/2019

Certificate of Fitness : 22/05/2018

Notes:-

A/R KL-05-AE-6764 was covered with a regular permit No-5/312/2008, valid up to 20/02/2018. On 15/05/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. P R Kumar, MBBS, MD, Grace Medical Centre, Aimanam.

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 2000/- in vide receipt No 5/50854/2018 being compounding fee towards permitless operation.

Hence RTA may hear the applicant peruse the file and take a decision.

64

Item No-49 5/41359/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-AF-4685.

2) To consider the application for the renewal of permit in respect of A/R KL-05-AF-4685.

Applicant:-Sri. Thomas N Joseph, Thandanikkal, Meenadom P.O, Kottayam.

Permit valid up to : 14/03/2018

Date of filing application : 21/04/2018

Tax : 30/09/2018

Certificate of Fitness : 02/11/2018

Notes:-

A/R KL-05-AF-4685 was covered with a regular permit No-5/10447/2008, valid up to 14/03/2018. On 21/04/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. Thankanathan, MD [General Medicine] District Hospital Kottayam Reg. No. 11729.

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 2000/- in vide receipt No 5/41360/2018 being compounding fee towards permitless operation.

Hence RTA may hear the applicant peruse the file and take a decision.

65

Item No- 50 5/53705/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-AH-7927.

2) To consider the application for the renewal of permit in respect of A/R KL-05-AH-7927.

Applicant:-Sri. John Mathew, Medayil, Pakkil P.O., Nattakom, Kottayam.

Permit valid up to : 16/04/2018

Date of filing application : 22/05/2018

Tax : 30/09/2018

Certificate of Fitness : 08/03/2018

Notes:-

A/R KL-05-AH-7927 was covered with a regular permit No-5/2530/2007, valid up to 16/04/2018. On 22/05/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. M N Sasidharan, BAM, DSM.

The vehicle is having HPA and NOC from the HP Company has been produced. No C/R/LAR is pending. Collected Rs 4000/- in vide receipt No 5/53708/2018 being compounding fee towards permitless and CF less operation.

Hence RTA may hear the applicant peruse the file and take a decision.

66

Item No- 51 C7/56655/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-E-2867.

2) To consider the application for the renewal of permit in respect of A/R KL-05-E-2867.

Applicant:-Sri. Manoj, Valiyaparambil, Kottayam.

Permit valid up to : 06/03/2018

Date of filing application : 28/05/2018

Tax : 30/09/2020

Certificate of Fitness : 31/05/2018

Notes:-

A/R KL-05-E-2867 was covered with a regular permit No-5/448/2008, valid up to 16/04/2018. On 28/05/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. U C Abdulla, BAMS , MD, Sr. Medical Officer, Dist. Ayurveda Hospital, Kottayam.

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 2000/- in vide receipt No 5/56658/2018 being compounding fee towards permitless operation.

Hence RTA may hear the applicant peruse the file and take a decision.

67

Item No- 52 C7/51270/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-AF-2993.

2) To consider the application for the renewal of permit in respect of A/R KL-05-AF-2993.

Applicant:-Sri. Shibumon K, Kizhakkemuriyil, Muttambalam P.O., Valiyaparambil, Kottayam.

Permit valid up to : 08/06/2017

Date of filing application : 17/05/2018

Tax : 30/06/2019

Certificate of Fitness : 20/10/2017

Notes:-

A/R KL-05-AF-2993 was covered with a regular permit No-5/101095/2007, valid up to 08/06/2018. On 17/05/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. Thankanathan, MD [General Medicine] District Hospital Kottayam Reg. No. 11729.

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 4000/- in vide receipt No 5/51272/2018 being compounding fee towards permitless & CF less operation.

Hence RTA may hear the applicant peruse the file and take a decision.

68

Item No- 53 5/41278/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-N-8505.

2) To consider the application for the renewal of permit in respect of A/R KL-05-N-8505.

Applicant:-Sri. Raju A P, Analloor Chirayil, Puthenangadi, Kottayam.

Permit valid up to : 25/04/2018

Date of filing application : 07/05/2018

Tax : 31/03/2019

Certificate of Fitness : 25/09/2018

Notes:-

A/R KL-05-N-8505 was covered with a regular permit No-5/1097/2003, valid up to 25/04/2018. On 07/05/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. Elizabeth, Medical Officer, UPHC, Veloor Reg. No 124203

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 2000/- in vide receipt No 5/47279/2018 being compounding fee towards permitless operation.

Hence RTA may hear the applicant peruse the file and take a decision.

69

Item No-54 5/58863/2018

Agenda:-1)To consider the request to condone the delay in submitting the permit renewal application in respect of A/R KL-05-N-8167.

2) To consider the application for the renewal of permit in respect of A/R KL-05-N-8167.

Applicant:-Sri. Raji, Kidarath il, ST. Albert, Ayarkunnam P.O. Kottayam.

Permit valid up to : 09/04/2018

Date of filing application : 04/06/2018

Tax : 31/03/2019

Certificate of Fitness : 05/10/2017

Notes:-

A/R KL-05-N-8167 was covered with a regular permit No-5/645/2008, valid up to 09/04/2018. On 04/06/2018 the permit holder applied for the renewal of permit for a further period of 5 years from the date of expiry.

Application was belated one. Applicant has stated that he could not submit the application in time since he was under treatment and requested to condone delay in filing the application in time. He has produced a medical certificate issued by Dr. Vineetha, BAMS, Reg. No-9074.

The vehicle is not having HPA. No C/R/LAR is pending. Collected Rs 4000/- in vide receipt No 5/58864/2018 being compounding fee towards permitless & CF less operation.

Hence RTA may hear the applicant peruse the file and take a decision.

70

Item No –55

Erratum.

Item No-56

Any other item permitted by the Chairman, RTA

Item No- 57 Fixing of Next RTA Meeting date.