Decisions of Regional Transport Authority, Wayanad in the Meeting Held on 25/06/2019

DECISIONS OF REGIONAL TRANSPORT AUTHORITY, WAYANAD IN THE MEETING HELD ON 25/06/2019

Chairman : Sri. Ajayakumar.A.R. IAS, The District Collector, Chairman, RTA Wayanad Member : Sri. Karuppasamy.R. IPS, District Police Chief, Member, RTA Wayanad Member : Sri. T.C.Vinesh, Deputy Transport Commissioner-NZ Kozhikkode, Member, RTA Wayanad Item No: 01 Heard. The counsel for sri. Noushad (is the son of sri Late Paladan Muhammed Haji). On perusal of the records it is seen that fresh regular stage carriage permit was granted to sri. Paladan Muhammed Haji by this RTA on the meeting held on 25/01/2018 vide decision in item no.12 subject to settlement of timings and production of current records of suitable stage carriage. The Secretary RTA informed that the grantee passed away on 15/01/2017 itself. The permit is seen obtained by hiding the expiry of applicant. Hence the request of his son Sri. Noushad to issue permit in his favour for transfer of permit is baseless and by revoking the grant of permit, his request is rejected. Item No: 02

Heard. This is an application for fresh regular permit in respect of New or suitable Stage Carriage to operate on the intra district route Indiranagar- Pulpally- Kalpetta- Bhoothanam- Marakkadavu via Madal, Mullankolly, Kenichira, Kariambady, Surabhikkavala as ordinary service. The field officer reported that the total route length is 70 KM. The portion of the route from Kalpetta to Kainatty 3.4Kms overlaps in the nationalized sector as per GO(P) No. 08/2017/Tran dated 23/03/2017 which is within the permissible limit. The applicant produced the current records of the Stage carriage KL-73/B-9394. Hence, fresh permit is granted, subject to settlement of timings.

Item No: 03

Heard. This is an application for fresh regular permit in respect of New or suitable Stage Carriage to operate on the intra district route Poolakkundu- Kalpetta via Cheeral, Madakkara, Chulliode, Ambalavayal, 54, Meenangady, Muttil, Vivekenanda Hospital, Kainatty, Bathery, Pazhoor, Nambiarkunnu as ordinary service. The field officer reported that the total route length is 71 KM. The portion of the route from Kalpetta to Kainatty 3.4Kms overlaps within the nationalized sector as per GO (P) No. 08/2017/Tran dated 23/03/2017 which is within the permissible limit. Hence, fresh permit is granted, subject to settlement of timings and production of current records of suitable stage carriage of age not more than 8 years as per the decision of STA Kerala dated 16/01/2019 within one month.

Item No: 04

Heard. This is an application to condone the delay in submitting current records for the fresh regular stage carriage permit on the route Kolavally-Kalpetta via Seethamount, Padichira, Pulpally, Irulam, Sulthan Bathery, Meenangady, Muttil, Viv.Hospital, Edappetty and Kainatty as ordinary service. Fresh permit was granted by RTA and proceedings issued on 27/02/2018. But produced the current records after one year. Hence, grant of permit is revoked since the applicant failed to produce the records of suitable stage carriages within the maximum period of 4 months stipulated in rule 159(2) of KMV Rules 1989 and request is rejected.

Item No: 05

Heard. This is an application to condone the delay in submitting current records for the fresh permit on the route Noolpuzha – Sulthan Bathery as ordinary service. Fresh permit granted by RTA proceedings issued on 27/07/2018. But produced the current records after six months. . Hence, grant of permit is revoked since the applicant failed to produce the records of suitable stage carriages within the maximum period of 4 months stipulated in rule 159(2) of KMV Rules 1989 and request is rejected.

Item No: 06

Heard. This is an application to condone the delay in submitting current records for the fresh permit on the route Noolpuzha – Sulthan Bathery as ordinary service. Fresh permit granted by RTA proceedings issued on 27/07/2018. But produced the current records after six months. Hence, grant of permit is revoked since the applicant failed to produce the records of suitable stage carriages within the maximum period of 4 months stipulated in rule 159(2) of KMV Rules 1989 and request is rejected. .

Item No: 07

Heard. This is an application for condone the delay in submitting current records for the fresh permit on the route Noolpuzha – Sulthan Bathery as ordinary service. Fresh permit granted by RTA proceedings issued on 27/07/2018. But produced the current records after six months. Hence, grant of permit is revoked since the applicant failed to produce the records of suitable stage carriages within the maximum period of 4 months stipulated in rule 159(2) of KMV Rules 1989 and request is rejected.

Item No: 08

Heard. This is an application for condone the delay in submitting current records for the fresh permit on the route Vazhavatta- Kalloor via Meenangadi, Sulthan Bathery and Kallumukku as ordinary service. Fresh permit granted by RTA proceedings issued on 27/07/2018. But produced the current records after Ten months. Hence, grant of permit is revoked since the applicant failed to produce the records of suitable stage carriages within the maximum period of 4 months stipulated in rule 159(2) of KMV Rules 1989 and request is rejected.

Item No: 09

Heard. The Secretary RTA is directed to specifically report whether the additional trip sought for in the application is through notified route or is there any violation of Clause 19 of GO (P) No. 8/2017. Hence, adjourned.

Item No: 10

Heard. This is an application for regular variation of permit in respect of Stage Carriage KL-73-9199 operating on the Perikalloor- Kozhikode Via S.Bathery, Meenangadi, Muttil, Viv.hospital, Kainatty, Kalpetta, Puzhamudi, Vellaramkunnu, Chundale, Vaithiri Police Station, Pookode, Lake, Thalipuzha,L akkidi, Adivaram, Thamarassery Chungam, CourtRoad, Koduvally, Kunnamangalam, Hotel Highway Jn, Mundikkal Thzham, Medical College as LSOS. The requested varaiation is by curtailing the route portion from Perikkalloor to Sulthan Bathery and Madal to Marakkadavu and Extending the portion from Sulthan Bathery to Nambiarkunnu so as to conduct service on the route Nambiarkunnu- Kozhikode Via S.Bathery, Meenangadi, Muttil, Viv.hospital, Kainatty, Kalpetta, Puzhamudi, Vellaramkunnu, Chundale, Vaithiri Police Station, Pookode, Lake, Thalipuzha,L akkidi, Adivaram, Thamarassery Chungam, Court Road, Koduvally, Kunnamangalam, Hotel Highway Jn, Mundikkal Thzham, Medical College as LSOS. The variation requested is for complying the restriction of route length to maximum 140 Kms vide GO(P) No.08/2017/Tran dated 23/03/2017. Hence variation of permit granted, subject to settlement of timings.

Item No: 11 Heard. This is an application for regular variation of permit in respect of Stage Carriage KL-12/G-3629 ( Later replaced by KL-12/B-9310) operating on the route Thaloor-Parassinikkadav Via Chulliode- Bathery, Kenichira, Nadavayal, Panamaram, Koilery, Mananthavady, Chandanathode, Nedumpoyil, Koothuparamba, Thazhe Chovva, Kannur, Dharmasala as LSOS. This is an application for variation by curtailing the route portion Kannur to Parassinikkadavu so as to conduct service on the route as Sulthan Bathery to Kannur via Beenachi, Meeangadi, Kaniyambetta, Panamaram, Koilery,Mananthavady, Nedumpoil, Kuthuparamba, Mambaram, Chala, Thazhe Chovva as LSOS. The variation requested is for complying the restriction of route length to maximum 140 Kms vide GO(P) No.08/2017/Tran dated 23/03/2017. Hence variation of permit granted, subject to settlement of timings.

Item No: 12 Heard. This is an application for regular variation of permit in respect of Stage Carriage KL-12/G-8778 ( Later replaced by KL-12/G-3629) operating on the route Malavayal-Ambalavayal-Bathery-Pulpally-Kozhikode- Pallivayal Via Irulam, Cheeyambam, Bathery, Meenangadi, Muttil.Viv.Hospital, Edapetty, Kainatty, Kalpetta, Puzhamudi, Chundale, Vaithiri, Vaithiri Police Station Jn, Thalipuzha, Adivaram, Kaithapoyil, Eangapuzha, Thamarassery Chungam, Court Road, Koduvally, Kunnamangalam, Hotel high Way Jn, Koothamparamba, Mundikkal Thazham and Medical Colllege as LSOS. The requested variation is by curtailing the route portion Malavayal- Sulthan Bathery- Ambalavayal. So as to conduct service on the route Bathery- Pulpally- Kozhikode- Pallivayal Via Irulam, Cheeyambam, Meenangadi, Muttil.Viv.Hospital, Edapetty, Kainatty, Kalpetta, Puzhamudi, Chundale, Vaithiri, Vaithiri Police Station Jn, Thalipuzha, Adivaram, Kaithapoyil, Eangapuzha, Thamarassery Chungam, Court Road, Koduvally, Kunnamangalam, Hotel high Way Jn, Koothamparamba, Mundikkal Thazham And Medical Colllege as LSOS. The requested variation is for complying the restriction of route length to maximum 140 Kms vide GO(P) No.08/2017/Tran dated 23/03/2017. Hence variation of permit granted, subject to settlement of timings.

Item No: 13 Heard. This is an application for regular variation of permit in respect of Stage Carriage KL-12 C-3456 operating on the Shed- Pulpally- Ponkuzhi-(Via) Irulam- Moonanakuzhi- Beenachi- S,Bathery- Kalloor- Muthanga by adding of one round trip from Sulthan Bathery to Muthanga as ordinary service. Variation of permit is granted, subject to settlement of timings.

Item No: 14 Heard. This is an application for regular variation of permit in respect of Stage Carriage KL-73 C 1578 operating on the route Madappallykunnu- Bathery via Parakkadavu- Pulpally-Eriyappally- Chethalayam by extending the portion from Kappiset to Valiyakurisu 5 KM and addition of one round trip from Madappallykunnu to Sulthan Bathery via 56 Junction as ordinary service. Variation of permit is granted, subject to settlement of timings.

Item No: 15 Heard. Considered the belated application for renewal of permit in respect of stage carriage KL-12/F-6669 operating on the route Erumanathoor- Mananthavady (via) Alattil- Periya and Thalapuzha as ordinary service. Delay condoned and Renewal of permit granted, The Secretary RTA is permitted to endorse renewal from the date of application for renewal.

Item No: 16 Heard. Considered the belated application for renewal of permit in respect of stage carriage KL-35-E-2603 operating on the route Varadoor-Meenangady- Kalpetta- Mananthavady (Via) Vet.Hospital, Kaniyambetta, Kainaty, Panamaram, Peechamcode.P.H.Centre and 4th mile as ordinary service. Delay condoned and Renewal of permit granted, The Secretary RTA is permitted to endorse renewal from the date of application for renewal.

Item No: 17 Heard. Considered the belated application for renewal of permit in respect of stage carriage KL-72/A-9412 operating on the route Padinjarathara- Panamaram (via) Kuppadithara, Cheriyamkolly, Vilamabukandam and Neerattadi as ordinary service. Delay condoned and Renewal of permit granted, The Secretary RTA is permitted to endorse renewal from the date of application for renewal.

Item No: 18 Heard. This is an application for transfer of permit in respect of stage carriage KL 73/A 9460. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether the lease agreement is noted in the registration certificate of the vehicle in the name of transferor. Hence, adjourned. Item No: 19 Heard. This is an application for transfer of permit in respect of stage carriage KL 73/C 2577. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether the lease agreement is noted in the registration certificate of the vehicle in the name of transferor. Hence, adjourned. Item No: 20 Heard. This is an application for transfer of permit in respect of stage carriage KL 72/B 9532. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether the lease agreement is noted in the registration certificate of the vehicle in the name of transferor. Hence, adjourned.

Item No: 21

Heard, transfer of permit in respect of stage carriage KL 12/C 3456 allowed from the name of applicant No.1 to the name of applicant No.2, subject to clearance of motor vehicle tax and Government dues if any and production of NOC from the financier, if applicable.

Item No: 22

Heard. This is an application for transfer of permit in respect of stage carriage KL 03/N 3908. The decision on the application for transfer of permit is adjourned for the validity of permit.

Item No: 23

Heard. This is an application for transfer of permit in respect of stage carriage KL 73/C 2077. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether lease agreement is noted in the registration certificate of the vehicle in the name of transferor. Hence, adjourned.

Item No: 24

Heard. This is an application for transfer of permit in respect of stage carriage KL 73/C 3434. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether the lease agreement is noted in the registration certificate of the vehicle in the name of transferor. Hence, adjourned.

Item No: 25

Heard. This is an application for transfer of permit in respect of stage carriage KL 12/K 7515. The Secretary RTA is directed to report whether the vehicle is still under the possession and control of the transferor and whether the lease agreement is noted the registration certificate of the vehicle in the name of transferor. Hence, adjourned.

Item No: 26

1. Peruse the judgment in WP(C) No.525/2019, WP(C) No.31172/2018, WP(C) No.21771/2018 and WP(C) No.12687/2019.

2. Peruse all the concerned documents, request and applications.

3. Heard, all the concerned who were present. These applications and request are for obtaining fresh parking permit or altering the existing permits in respect of auto rickshaws in Sulthan Bathery. The secretary, Sulthan Bathery Municipality had informed that it is not possible to provide any more parking permits in Sulthan Bathery because of scarcity of parking place. All available parking places are fully utilized by the existing permit holders and there is no possibility to allow anymore parking permits for Auto rickshaws.

During the deliberations before the Authority, some persons pointed out that, there are persons and institutions who had obtained more than one parking permit in Sulthan Bathery. The Authority took a serious view on the matter. Parking permit for an auto rickshaw is essentially obtained by a person to do a self employment for engaging in a decent livelihood activity. Such an opportunity shall be equitably distributed to ensure natural and distributive justice. Fairness in providing opportunities is a basic ingredient, essential to ensure natural and distributive justice. The situation is such that permits cannot be issued to even those who possess a favorable judgment issued by the Honorable High Court. Such a situation shall be addressed and rectified.

Considering all these points and with the bonafide intention of ensuring natural and distributive justice, this Authority resolved as given hereunder,

“This Authority resolves that the Secretary, RTA shall conduct a comprehensive enquiry on the matter. The enquiry shall include in its ambit the following among other,

i) Inspect all parking permits for Auto rickshaws issued within the local limits. ii) Find out, if any individual or organization is holding more than one parking permit for auto rickshaw within local limits iii) Afford a reasonable opportunity for the holder of multiple permits to present his/her/its version and decide which one permit shall be retained and which other permit/s shall be cancelled iv) Cancel those additional permit/s, which are held by the same individual or organization v) Issue fresh permits in lieu of the cancelled ones, to eligible applicants, based on the approved criteria vi) Issuance of fresh permits shall be considered, giving due preference to person in indigent circumstances whose only livelihood option is auto rickshaw driving. A sub committee consisting the District Collector (Chairman), District Police Chief, Regional Transport Officer (Convener) and Secretary of the Concerned LSGI will meticulously examine each deserving case and approve a list of eligible beneficiaries for next one year. vii) This shall be done within 30 days positively.”

Item No: 27

1. Peruse the judgment in WP(C) 41345/2018, WP(C) No.30234/2018, WP(C) No.36877/2018, and WP(C) No.3531/2019.

2. Peruse all the concerned documents, request and applications.

3. Heard, all the concerned who were present. These applications and request are for obtaining fresh parking permit or altering the existing permits in respect of auto rickshaws in Kalpetta. The secretary, Kalpetta Municipality had informed that it is not possible to provide any more parking permits in Kalpetta because of scarcity of parking place. All available parking places are fully utilized by the existing permit holders and there is no possibility to allow anymore parking permits for Auto rickshaws.

The authority had a detailed discussion on the matter, considering the variable angles and proportions of the matter. The Authority is satisfied that, on one hand, there are many applications for obtaining new parking permits. On the other hand, the available infrastructure is fully exhausted, so as to prevent addition of any more parking permits. It is a fact that once the available parking places are optimally utilized, it is not possible to add further permits. During the deliberations before the Authority, some persons pointed out that, there are persons and institutions who had obtained more than one parking permit in Kalpetta. The Authority took a serious view on the matter. Parking permit for an auto rickshaw is essentially obtained by a person to do a self employment for engaging in a decent livelihood activity. Such an opportunity shall be equitably distributed to ensure natural and distributive justice. Fairness in providing opportunities is a basic ingredient, essential to ensure natural and distributive justice. The situation is such that permits cannot be issued to even those who possess a favorable judgment issued by the Honorable High Court. Such a situation shall be addressed and rectified.

Considering all these points and with the bonafide intention of ensuring natural and distributive justice, this Authority resolved as given hereunder,

“This Authority resolves that the Secretary, RTA shall conduct a comprehensive enquiry on the matter. The enquiry shall include in its ambit the following among other,

Item No: 28

1. Peruse the judgment in WP(C) No.16238/2012, WP(C) No.31889/2016 and WP(C) No.6930/2019.

2. Peruse all the concerned documents, request and applications.

3. Heard, all the concerned who were present. These applications and request are for obtaining fresh parking permit or altering the existing permits in respect of auto rickshaws in Mananthavady. The secretary, Mananthavady Municipality had informed that it is not possible to provide any more parking permits in Mananthavady because of scarcity of parking place. All available parking places are fully utilized by the existing permit holders and there is no possibility to allow anymore parking permits for Auto rickshaws.

During the deliberations before the Authority, some persons pointed out that, there are persons and institutions who had obtained more than one parking permit in Mananthavady. The Authority took a serious view on the matter. Parking permit for an auto rickshaw is essentially obtained by a person to do a self employment for engaging in a decent livelihood activity. Such an opportunity shall be equitably distributed to ensure natural and distributive justice. Fairness in providing opportunities is a basic ingredient, essential to ensure natural and distributive justice. The situation is such that permits cannot be issued to even those who possess a favorable judgment issued by the Honorable High Court. Such a situation shall be addressed and rectified.

Considering all these points and with the bonafide intention of ensuring natural and distributive justice, this Authority resolved as given hereunder,

“This Authority resolves that the Secretary, RTA shall conduct a comprehensive enquiry on the matter. The enquiry shall include in its ambit the following among other,

Sri. Ajayakumar.A.R. IAS, District Collector, Wayanad & Chairman, RTA, Wayanad.

Sri. Karuppasamy.R. IPS, Sri. T.C.Vinesh, District Police Chief & Deputy Transport Commisioner Member, RTA, Wayanad. North Zone, Kozhikkode & Member, RTA, Wayanad.