Decision of the Regional Transport Authority, Alappuzha Held on 24.07.2019
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Decision of the Regional Transport Authority, Alappuzha held on 24.07.2019 Item No. : 01 Heard KSRTC. This is an application for the grant of fresh regular permit in respect of stage carriage KL-15/6451 on the route Alappuzha – Chellanam via Thumpoli, Kattoor & Arthunkal for 5 years. KSRTC agreed to produce the valid documents of stage carriage having the age limit within 8 years as required at the time of issuance of the permit. Hence fresh regular permit granted subject to the compliance of the decision of STA and RTA Alappuzha on 14.06.2017 and 27.11.2017 respectively with regard to requirement of age limit. Item No. : 02 Heard KSRTC. This is an application for the grant of fresh regular permit in respect of stage carriage KL-15/6628 on the route Alappuzha – Chellanam Via Thumpoli, Kattoor & Arthunkal for 5 years. KSRTC agreed to produce the valid documents of stage carriage having the age limit within 8 years as required at the time of issuance of the permit. Hence fresh regular permit granted subject to the compliance of the decision of STA and RTA Alappuzha on 14.06.2017 and 27.11.2017 respectively with regard to requirement of age limit. Item No. : 03 Heard KSRTC. This is an application for the grant of fresh regular permit in respect of stage carriage KL-15/6661 on the route Alappuzha – Chellanam Via Thumpoli, Kattoor & Arthunkal for 5 years. KSRTC agreed to produce the valid documents of stage carriage having the age limit within 8 years as required at the time of issuance of the permit. Hence fresh regular permit granted subject to the compliance of the decision of STA and RTA Alappuzha 1 on 14.06.2017 and 27.11.2017 respectively with regard to requirement of age limit. Item No. : 04 Heard the learned counsel represented the applicant. This is an application for variation of permit in respect of stage carriage KL 24 C 6465 on the route Kayamkulam – Changanassery by changing termini as Changanassery - Kayamkulam. This is an application for variation of a saved permit and the counsel for the applicant prayed for adjournment and his request is granted and this application adjourned. Item No. : 05 Heard the learned counsel represented the applicant. This is an application for variation of regular permit in respect of stage carriage KL 32 M 593 conducting service on the route Aroormukkam – Kanichukulangara via Aroor, Ezhupunna, Thuravoor, Vayalar, Cherthala, Kuruppankulangara, Perumbrakavala, Areeparambu & Thiruvizha As time variation on the same route. It is a long standing permit which was issued on 16.11.1994 in accordance with law in order to meet the requirement of the travelling public. Enquiry officer reported that this route is well served and sufficient services are operating as desired by public and no change in railway timings found to consider this application. He emphatically reported that the revision of timings will adversely affect the travelling public. The RTA held on 30.01.2019 had rejected the time variation application submitted by the permit holder, as there was a clear violation of Section 80(3) of MV Act 1988. So she mooted a new proposal with a dubious intension to alter the settled timings for her convenience. In Subhash Chandra Vs State of UP[(1980)2 SCC 324] the Apex court held that the Provisions under Motor Vehicles Act, are geared for public safety and not for private profit and casts a duty upon the authorities to protect 2 Indian lives moving in buses, walking on roads or even standing on margins. So the Motor Vehicles Act has been enacted not for granting benefits to transport operators, but with an object of preventing unhealthy competition between transporters one among the host of other issues relating to Motor Vehicles and Transport. Moreover Clause 19 of the Notification vide No.08/2017/Trans dtd 23/03/2017 have become an indispensable part in considering proposals for variation of such permits. Hence this application for variation is rejected. Item No. : 06 Heard the learned counsel represented the applicant. This is an application for variation of regular permit in respect of stage carriage KL-03/N- 9829 conducting service on the route Thuravoor - Mathilakam via Thykattussery – Srambickal - Santhi Jn - Kelamangalam Info park - NSS college - Varanad-Cherthala as Thykkattussery – Mathilakam by extension from Thykkattussery to Aroor temple via Arookutty , Vaduthala, Thrichattukulam, Thaliyaparambu, Chirackal, Thykkattussery, Srambickal, Santhikavala, Kelamangalam, Ottapunna, Thavanakadavu, Chenganda, Varanad Jn, Kalikulam, KSRTC Bus stand, Munsiff court, Iron bridge, Pvt. bus stand. As per the Judgment in MVAA No. 167/2013 dtd. 01.11.2018 from the Hon’ble STAT the matter is taken for consideration and find the enquiry officer specifically noted that the proposed variation will surely affect the convenience of the travelling public in the existing route by the inclusion and curtailment of trips and route and by varying the existing timings. This saved permit will defeat the purport of the prevailing notification by increasing the number of trips in the notified route from Cherthala to Mathilakam from one to two trips in the proposed variation. In Subhash Chandra Vs State of UP[(1980)2 SCC 324] the Apex court held that the Provisions under Motor Vehicles Act, are geared for public safety and not for private profit and casts a duty upon the authorities to protect Indian lives moving in buses, walking on roads or even 3 standing on margins. So the Motor Vehicles Act has been enacted not for granting benefits to transport operators, but with an object of preventing unhealthy competition between transporters one among the host of other issues relating to Motor Vehicles and Transport. Hence this application for variation is rejected. Item No. : 07 Heard the learned counsel represented for the applicant. This is an application for variation of regular permit in respect of stage carriage KL- 23/2005 on the route Bharanicavu – Chengannur As Sasthamkotta – Chengannur. In the light of judgment of Hon’ble STAT, Eranakulam in M.V.A.A No. 65/2019 dated 16.05.2019, the proposed variation as Sasthamkotta – Chengannur and the renewal of regular permit in respect of stage carriage KL 23/2005 on the route Bharanicavu – Chengannur for a further period of 5 years w.e.f. 18.02.2019 is granted subject to settlement of timings and clearing of all government dues. Thus the order of the Hon’ble STAT is complied with. Item No. : 08 Heard the learned counsel represented for the applicant. This is an application for renewal of Regular Permit in respect of stage carriage KL-17/B- 473 conducting service on the route Arthunkal – Thoppumpady Jn. via Thaickal, Cherthala, Thanky Kavala, Andhakaranazhy, Chellanam for a further period of 5 years w.e.f 13/08/2019. This permit was issued prior to 14.07.2009 and is a long standing permit. Perused the file, NOC from the financier is produced. This is an inter district permit and concurrence is not needed. The application was filed in time as per Section 81(2) of MV Act. KSRTC has raised no objection regarding the renewal. STU has not filed any application on this route. Hence the renewal of Regular Permit in respect of stage carriage KL-17/B-473 conducting service on the route Arthunkal – Thoppumpady Jn. via Thaickal, Cherthala, Thanky Kavala, Andhakaranazhy, 4 Chellanam is granted for a further period of 5 years w.e.f. 13.08.2019 subject to clearing of all government dues. Item No. : 09 Heard the learned counsel represented for the applicant. This is an application for renewal of Regular Permit in respect of stage carriage KL-32/F- 1719 conducting service on the route Cherthala- Kaloor Ernakulam- Thavanakadavu – Poochakkal – Perumbalam – Arookutty – Aroor- Kumbalam- Vyttila –Palarivattom returned via Kathrikadavu – Vyttila – Cherthala for a further period 5 years w.e.f 21.10.2019. This permit was issued prior to 14.07.2009 and is a long standing permit. Perused the file, NOC from the financier is produced. This is an inter district permit and concurrence is not needed. The application was filed in time as per Section 81(2) of MV Act. KSRTC has raised no objection regarding the renewal. STU has not filed any application on this route. Hence the renewal of Regular Permit in respect of stage carriage KL-32/F-1719 conducting service on the route Cherthala- Kaloor Ernakulam- Thavanakadavu – Poochakkal – Perumbalam – Arookutty – Aroor- Kumbalam- Vyttila –Palarivattom returned via Kathrikadavu – Vyttila – Cherthala is granted for a further period of 5 years w.e.f. 21.10.2019 subject to clearing of all government dues. Item No. : 10 Heard the learned counsel represented for the applicant. This is an application for renewal of Regular Permit in respect of stage carriage KL 17 A 4980 conducting service on the route Pallithodu Beach - Thavanakadavu Via Andhakaranazhy, Kadakkarappally, Thanky Kavala, Ottappunna for a further period of 5 years w.e.f. 26.03.2013. Perused the file, NOC from the financier not produced. The financier had filed their written objection before this authority on 06/01/2018 against the renewal of this permit. They stated that, the permit holder and registered owner of stage carriage KL 17 A 4980 Mr. Govindaraj, had defaulted the equated monthly instalments (EMI) w.e.f. 5 07/2014 and presently his account is pending of Rs.869000/-vide loan no. KLCOCO00145 and also requested to hold this permit from renewal. This application was considered and rejected by Regional Transport Authority, Alappuzha held on 11/07/2018, since it does not comply with the Section 51 (6) and (7) of MV Act. In obedience to the Judgment from the Hon’ble STAT in MVAA No.