1 AGENDA AND NOTES FOR THE REGIONAL TRANSPORT AUTHORITY MEETING TO BE HELD ON 27.11.2017, 11.00 AM AT COLLECTORATE CONFERENCE HALL ALAPPUZHA Present : Smt. T.V. Anupama I.A.S. (District Collector and Chairperson RTA Alappuzha) Members : 1. Sri. S. Surendran I.P.S. District Police Chief, Alappuzha 2. Sri. C.K. Asoken Deputy Transport Commissioner. South Zone, Thiruvananthapuram 2 ABSTRACT 01. Item No. 01 - 04 - Fresh Permit 02. Item No. 05 to 07 - Variation of Permit 03. Item No. 08 to 11 - Renewal of Permit 04. Item No. 12 to 23 - Transfer of Permit 05. Item No. 24 - Concurrence 06. Item No. 25 - 27 - Department Item 3 FRESH PERMIT 4 Item No. : 01 Ref. No. No. G/12193/2012/A Agenda : 1) To peruse the order of the judgement in MVAA No. 270/2015 dtd.29.05.2017 of the Hon’ble State Transport Appellate Tribunal, Ernakulam 2)To reconsider the application for the grant of fresh regular permit in respect of a suitable vehicle on the route Cherthala - Tripunithura via Chenganda - NSS college – Infopark – Kelamangalam – Ottappunna – Thavanakkadavu – Polekkadavu – Thykkattussery – Mariathrikkai – Thevarvattom – Poochakkal - ElectricityJn. – Thaliyaparambu – Vaduthala – Perumbalam – Veeramangalam – Kattupuram – Arookutty – Aroor – Kumbalam – Kundannoor - Marad and Petta – Vadakkekotta - Mini Byepass on the modified route As Cherthala – Thrippunithura via NSS College – Info park – Thycattussery – Poochakkal – Vaduthala – Perumpalam – Kattupurampalli – Arookutty – Aroor Temple – Aroor Church – Kumbalam – Kundannur – Maradu – Mini Bypass – Vadakkekotta & Petta for 5 years reg. (This is an adjourned item of RTA held on 31.03.2013, 21.02.2014 and 13.07.2016 and rejected on 19.12.2014 & 15/09/2015). Now the applicant submitted a modified application. Applicant: Smt. Daphini Joseph, 326 Mattathilveli, Manappuram P.O., Cherthala. 5 Proposed Timings Thripunithura Kunda Aroor Thali Thyca Polekkadavu Info Pooc Thavanakka Cherthala nnur Temple yapar ttuss park hakk davu ambu ery al A D P A P D P D P A D 5.10 5.30 5.50 8.03 7.48 7.28 6.48 6.18 8.30 8.45 9.05 - 9.08 9.48 10.18 Kumabalam Aroor Temple Kattupuram Poochakkal Thavanakadavu Cherthala A D P P P A D 11.52 11.46 11.16 10.56 10.36 12.16 12.22 12.52 01.32 Thripunithu Kundann Aroor Temple Thaliyapara Thykatt polekk Infop Poocha Thavanakada Cherthal ra ur mbu ussery adavu ark kkal vu a A D P P A D D 05.11 04.46 04.26 3.16 05.23 05.38 05.58 06.58 07.30 07.10 (halt) 6 Notes: This is an application for the grant of fresh regular permit in respect of a suitable vehicle on the route Cherthala -Tripunithura via Chenganda - NSS college – Infopark – Kelamangalam – Ottappunna – Thavanakkadavu – Polekkadavu – Thykkattussery – Mariathrikkai – Thevarvattom – Poochakkal - ElectricityJn. – Thaliyaparambu – Vaduthala – Perumbalam – Veeramangalam – Kattupuram – Arookutty – Aroor – Kumbalam – Kundannoor - Marad and Petta – Vadakkekotta - Mini Byepass on the modified route As Cherthala – Thrippunithura via NSS College – Info park – Thycattussery – Poochakkal – Vaduthala – Perumpalam – Kattupurampalli – Arookutty – Aroor Temple – Aroor Church – Kumbalam – Kundannur – Maradu – Mini Bypass – Vadakkekotta & Petta for 5 years reg. The matter was placed before the RTA held on 31.01.2013. RTA considered it as item No.14 and decided as follows. “ Heard. Adv.G.Prabhakaran the learned counsel represented the applicant. Secretary RTA Ernakulam has reported that vide file No.G/4795/2012 /E dated 09.11.2012 that portion of the route from Kumbalam to Tripunithura, 18.6 KM in length lies in Ernakulam Dist. Secretary RTA Alappuzha will call concurrence of RTA Ernakulam for the portin lying in Ernakulam Dist. And place it in next RTA. Hence adjourned”. After obtaining concurrence from Secretary RTA Ernakulam, the matter was again placed before the RTA held on 21.02.2014 as item no.1. RTA considered the item and decided as follows; “ The learned counsel represented the applicant. The applicant has not offered particulrs of a suitable vehicle even at the meeting of this authority. As per para 6 in 2010 (4) KLT 597 (SC) it is clear that RTA may grant permit U/S 72 (2) of M.V.Act 1988 for a stage carriage of a specified description. The expression specified description it is very wide and it shall be brought to the notice of RTA while granting the regular permit. In this case the applicant has not offered description of the suitable vehicle before this authority. The applied route objectionably overlaps 5 Kms on the notified route Ernakulam-Thekkadi from Vyttila to Boys HS Jn. Thripunithura and 1 KM from Aroor temple to Aroor church overlaps Trivandrum-Palakkad and Trivandrum-Kannur notified route. The total overlapping is 6 KM which is more than 5 % of total route length admissible in the notification as per clause 5 © of GO(P) No.42/2009/Tran. Dated 14.07.2009. For the above reason application for regular permit on the route Cherthala-Thripunithura is rejected.” Against the rejection of the application, the applicant has filed MVAA No.61/2014 before the Hon’ble STAT. The STAT vide judgement in MVAANo.61/2014 has directed the “appellant to submit a modified application for regular permit afer excluding objectionable overlapping to the notified route, before the Secretary RTA Alappuza and in that event of the RTA Alappuzha, before taking any decision on such modified application shall afford an opportunity of being heard to the appellant and the 3rd respondent who 7 represents the KSRTC and then, dispose of that application in accordance with law.” As such the applicant submitted modified application on the route Cherthala - Tripunithura via Chenganda – NSScollege – Infopark – Kelamangalam – Ottappunna – Thavanakkadavu – Polekkadavu – Thykkattussery – Mariathrikkai – Thevarvattom - Poochakkal Electricityu Jn. - Thaliyaparambu – Vaduthala – Perumbalam – Veeramangalam - Kattupuram – Arookutty – Aroor – Kumbalam – Kundannoor - Marad and Petta SN junction. Detailed enquiry has been conducted by Jt.R.T.O Cherthala and RTA held on 13.07.2016 considered the application as item No.S-01 and decided as follows. 1. Perused the Judgment in MVAA No. 61/2014 of State Transport Appellate Tribunal Eranakulam. 2. Perused the Judgment in WP© No. 21971 of 2015 (V) of the Hon’ble High Court of Kerala. 3. Heard Adv. G. Prabhakaran the learned counsel represented the applicant. This is an application for inter district fresh regular permit on the modified route as Cherthala – Thrippunithura for 5 years. Detailed enquiry has been conducted through Jt. RTO Cherthala and has submitted a report in this regard. Total route length is 72.5 kms. There is no virgin portion. There is an overlapping of 3.5 kms which is within the permissible limit of 5% of the total route length as per GO(P) No. 42/2009/Trans dtd. 14.07.2009. The learned counsel represented for KSRTC alleged that there is a total overlapping of 3.8 kms. The counsel also requested for combined inspection regarding the overlapping length and place it in next RTA. Hence adjourned. On 08.08.2017 the applicant submitted a modified application alongwith a judgment in MVAA No. 270/2015 dtd.29.05.2017 of the Hon’ble State Transport Appellete Tribunal, Ernakulam. It is directed to reconsider the entire matter in the light of Exts.P2 and P3 (Modified application) and pass fresh orders within four months from the date of receipt of copy of this judgment. Enquiry conducted by Joint Regional Transport Officer , Cherthala and the details are described below: Nature of service : Moffusil Length of route : 78.4 Kms Inter/Intra District : Inter district a) Distance in Alappuzha : 63.9 Kms b) Distance in Eranakulam : 14.5 Kms Running time required : 1.96 minutes Virgin Portion : N/A 8 Concurrence obtained or not : Needed No. of trips and daily milage : 4+4 = 199.4 Kms 9 Details of overlapping Overlapping Distance Scheme/Notification Violation if Whether No any objectionable Court Jn. to Iron bridge 0.3 km Tvpm – Palakkad and No Overlapping Ernakulam – Thekkady not exceeds Court Jn. to Boys HS Jn.1.1 km 5% Go(p) 42/2009 trans Aroor Temple to Church 1.2 km dtd. 14.07.2009 Petta to Vadakkekotta Jn. 0.9 km Total 3.5 km (O/L) Remarks Increase the travel facility in rural area and also reported that no other stage carriage operated on this route. Total route length : 78.4 Kms. 5% of total route length : 3.92Kms.(i.e.permissible limit) Overlapping in this route : 3.5 Kms. (within the permissible limit) Hence RTA may hear the applicant, peruse the file and take a decision on this matter. 10 Item No. 02 Ref. No. : G/6480/2016/A Agenda:- To reconsider the application for the grant of Fresh Regular Permit in respect of Suitable Vehicle on the route Kanichukulangara - Cherthala – Vyttila Hub (via) P.S. Kavala – Vallayil – Cherthala – Ottappunna – Thavanakkadavu – Poochakkal – Perumbalam – Aroorkutty and Aroor Temple for 5 years reg. This is an adjourned item of the RTA held on 13.07.2016 and rejected on 11.11.2016 . Applicant :- Sri. Jayesh.R, Pothenchalil House, C.M.C-22, Cherthala. Proposed Timings Kanichukulangara Cherthala Thavanakadavu Aroor Vyttila Temple Hub A D A D P P A D 5.19 5.39 5.40 6.00 6.50 7.15 8.55 8.35 7.45 7.20 9.16 8.56 9.17 9.37 9.38 9.58 10.48 11.13 1.15 12.55 12.05 11.40 1.40 1.20 1.50 2.10 2.50 3.10 4.00 4.25 6.50 6.30 5.40 5.15 7.15(Stay) 6.55 Notes:- This is an application for fresh regular permit in respect of Suitable Vehicle on the route Kanichukulangara - Cherthala – Vyttila Hub (via) P.S.