Minutes of Regional Transport Authority, Malappuram Held on 7Th January 2020 Present: 1

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Minutes of Regional Transport Authority, Malappuram Held on 7th January 2020 Present: 1. Sri. Jafar Malik, IAS, District Collector; Chairman RTA, Malappuram. 2. Sri. Abdul Karim U. IPS, District Police Chief; Member, RTA Malappuram 3. Sri. M. Suresh, Deputy Transport Commissioner (CZ-1); Member, RTA Malappuram Item No.1 Heard. 1. Perused the judgment of Hon’ble High Court of Kerala in wp© 31239 of 2019(D) dated 19/11/2019 2. Consider the request of the applicant and it is found that there is no such an urgent need to issue a fresh permit subject to Counter Signature to the applied route. The request for the issue of Concurrence had already forwarded to Secretary RTA, Palakkad by the Secretary of this authority. Representative of KSRTC strongly objected the issue of fresh permit subject to Counter Signature. Under this circumstance considered the application and adjourned for the issue of Concurrence from RTA Palakkad. Secretary is directed to take necessary action for getting the Concurrence as early as possible to place before next meeting of this authority. Item No.2 Heard. 1. Perused the decision of Regional Transport Authority, Kozhikkode held on 10/07/2019 in item number 18. 2. This application is for fresh stage carriage permit on the inter district route Kondotty – Kozhikkode Palayam Stand (via) Neerad, Omanur, Edavannappara, Vazhakkad, Mundumuzhi, Oorkkadavu, Pallithazham, Peruvayal, Poovatuparamba, Kuttikkattoor, Medical College Hospital, Thondayad, Palayam Stand touching Moffussil Bus Stand Kozhikkode and touching Areacode (via) Poomkudi (2 singles) with halt at Edavannappara as Ordinary Service. The route length of the proposed route is 48.6 Kms, out of which 20.1Kms lies in Kozhikkode Dist. 3. Considered this application for fresh stage carriage permit in view of the decision of RTA, Kozhikkode held on 10/07/2019 in item number 18. As the RTA, Kozhikkode rejected the request of this authority for concurrence, the entity of this fresh permit application lost. Hence this application for fresh stage carriage permit is rejected. Item No.3 Heard. Considered the modified application for fresh stage carriage permit to operate on the route Areekode – Othayi – Kottakkal – Edavannappara. Verified connected files, records and heard the enroute operators including KSRTC. The enroute operators alleged that as per the proposed time schedule majority trips are between Manjeri – Areekode, which is a well served sector with an average time gap of 2 to 3 minutes. The applicant in his application for fresh stage carriage permit himself states that Areekode – Othayi and Areekode – Edavannappara are ill served sectors. As per the time schedule proposed no trips are provided during peak hours of travelling to the above ill served sectors. As per the proposed time schedule between the trips Kottakkal – Manjeri, the passing time at District Head Quarters Malappuram is not shown. Hence this authority directs the applicant to produce a modified time schedule- 1.Providing trips to ill served sectors Areekode – Othayi and Areekode – Edavannappara during the peak hours of morning and evening.

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2. To show the passing time at District Head Quarters Malappuram. The decision on the application is adjourned for the compliance of above directions. Item No.4 Heard. 1. Perused the decision of Regional Transport Authority, Kozhikkode held on 10/07/2019 in item number 20. 2.Considered the modified application for fresh permit to operate on the route Kerala Estate – Kozhikkode via. Kerala, Karuvarakkunde, Thuvvur, Kizhakke Pandikkad, Pandikkad, Nellikkuth, Manjeri, Kacherippadi, Kavanur, Areekode, Eranhimavu, Cheruvadi, Koolimadu, Mavoor, Peruvayal, Kozhikkode Medical College Hospital Halting single trip from Areekode to Kerala Estate via. Pannippara, Edavanna, Thiruvali, Wandoor, Vaniyambalam, Kalikavu as Ordinary Service. In the modified proposal, a portion of the route for a distance of 28.6 Kms lies in Kozhikkode Dist. Hence decision on the application adjourned with a direction to Secretary, RTA to seek concurrence from Sister RTA, Kozhikkode and place this application before this authority again. Item No.5 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.6 Heard. Considered the modified application for fresh stage carriage permit on the route Pandikkad – Wandoor – Manjeri – Mannarkkad – Karuvarakkunde-Panthallor (via) Kodasserri, Cherukode, Peleppuram, Charamkavu, Kuttippara, Nellikkuth, Kizhakkepandikad, Olippuzha, Melattur, Ucharakkadavu, Unniyal, Alanellur, Kottopadam, Kumaramputhur, Oravambram, Nariyottupara as Ordinary Service. As per the report of the field officer a portion of the route for a distance of 18 Kms overlaps Palakkad Dist. Hence decision on the application adjourned with a direction to Secretary, RTA to seek concurrence from Sister RTA, Palakkad and place this application before this authority again. Item No.7 Heard. This is to consider the application for fresh stage carriage permit to operate on the route Puthanathani – Kananchery – Kottakkal – Tirur. This authority considered the application; verified reports and connected files. There were a number of objections raised on the application in the open hearing of this authority and those were considered as per law. As per the report of Motor Vehicle Inspector, total route length of the proposed route is 80.4 Kms. As per the time schedule, the proposed stage carriage operation is from 5.20 a.m. to 10.40 p.m., thus the service is operating around 17.2 hours without sufficient break. Moreover this authority feels that early morning and late night trips to Koottai Azhimugham are merely to escape from the effect of notification. Intention of the applicant in this regard is really doubtful. Thus, the Secretary, RTA will conduct a detailed enquiry and report on this application with explanation regarding the feasibility of stage carriage operation for a long duration with respect to safety of passengers as well as crews. Also the applicant has to file an affidavit

3 RTA Malappuram 07.01.2020 before this authority that how he is going to operate this service in such a long duration and also that how will operate the proposed early morning and late night trips to Koottai Azhimugham. Hence, decision on this application is adjourned. Item No.8 Heard. The proposed route is having route length of 26.1kms and out of this a distance of 15.6kms, the major portion of the proposed route, is between Kunnumpuram and Puthuparamba. The proposed route overlaps on a distance of 1km on the notified route from Chemmad to Mampuram which lies on the remaining minor portion of the proposed route. The distance of overlapping in the proposed route comes under the limit prescribed under clause 5(c) of notification number G.O(P) No.8/2017/Tran dated 23/03/2017 only because of the above mentioned major portion distance between Kunnumpuram and Puthuparamba. But the applicant has provided only the starting trip at 6.50 am from Puthuparamba to Kunnumpuram and halting trip from Kunnumpuram to Puthuparamba at 7.00 pm, between the major portion of the proposed route, which made eligible to comply the provision of clause 5(c) of notification number G.O(P) No.8/2017/Tran dated 23/03/2017. The representative of KSRTC has strongly objected the issue of fresh permit by mentioning that the intention of this proposal is only to conduct the service through the national highway by overcoming the approved scheme. Hence the application for fresh permit is rejected. Item No.9 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.10 Heard. Examined the connected file and records. Also heard enroute operators and KSRTC. The proposed route is to conduct service between Kottakkal – Tirur and have a route length 26.8kms. There is an overlapping of 1.2 kms from Chankuvetti to Edarikkode on the notified route Kottayam – Kozhikkode. All the trips, except the first morning trip, are via Chankuvetti, Edarikkode, Mammalippadi,Kuttippala, Vailathur, Payyanangadi, which are well served sectors with an average time gap of 5 minutes. The distance of route from Kottakkal to Tirur via Chankuvetti, Edarikkode, Mammalippadi,Kuttippala, Vailathur, Payyanangadi is 13.8 kms. The morning starting trip from Kottakkal to Tirur is via Chankuvetti, Edarikkode, Mammalippadi, Kuruka, Kadungathukundu, Iringavur, Payyanangadi, which are ill served areas. The additional distance to be covered for the starting morning trip is 13 kms. Except the first morning trip through the ill served deviated route, this application will become ineligible for consideration, as it attracts clause 5(c) of notification G.O.(P) No 8/2017/Tran dated 23.03.2017. The applicant in his representation submitted along with the application for fresh permit states that the proposed route is through the ill served and interior areas. As per the proposed time schedule he provided only the morning starting trip through the ill served and interior areas. From this it is evident that his intention is to conduct service through the well served area by providing only one single trip through the ill served area. In the above circumstance it is assumed that the morning starting trip is provided only to comply the provision of clause 5(c) of notification G.O.(P) No 8/2017/Tran dated 23.03.2017.

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The enroute operators and KSRTC alleged that the proposed route is through well served area and introduction of new service will result in unhealthy competition and will affect passenger safety adversely. The proposed time schedule reveals that all the trips except the morning starting trip, are through well served area. The field officer also reports that the frequency of stage carriage service through the well served area is 5 minutes. For the above reasons this application for fresh stage carriage permit is rejected. Item No.11 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.12 Heard. Considered the application for fresh stage carriage permit on the route Kappu – Vettathur via Athani, Kombankallu, Maniyamkunnu, Alamkunnu, Kottothpadi Harijan Colony, Pezhumthara, JCB Padi, Melattur, Melattur Bridge, Chemmaniode, Vengur Road Jn, Kanhirampara Road Jn, Vayjilapara, Thelakkadu, Kappu, and one round trip - Melattur to Melattur via Pullikuthu, Mele Olappara, Maniyamkunnu, Alamkunnu, Kottothpadi, Kottothpadi HarijanColony, Pezhumatha and JCB Padi as Ordinary Service. As per the report of the field officer a portion of the route for a distance of 3.5 Kms overlaps Palakkad Dist. Hence decision on the application adjourned with a direction to Secretary, RTA to seek concurrence from Sister RTA, Palakkad and place this application before this authority again. Item No.13 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.14 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.15 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the

5 RTA Malappuram 07.01.2020 decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.16 Heard. Regular stage carriage permit on the proposed route is granted to stage carriage KL 55 AA 2223 subject to settlement of timings. The grantee of the permit is directed to produce the current records of the stage carriage KL 55 AA 2223 within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.17 Heard. Considered the application for fresh stage carriage permit on the route Valanchery – Valanchery via Kottaram, Alinchuvadu, Naduvappetti, Kottappuram, Ambal, Valiyakunnu, Irimbiliyam, Variyath Padi, Mankeri, Touching Karambathoor, Veluthur, Anchumoola via Thiruvegapura checkpost, Chembra Vayanashala, Chembra Alinchuvadu as Ordinary Service. As per the report of the field officer a portion of the route for a distance of 8.1 Kms lies in Palakkad Dist. Hence decision on the application adjourned with a direction to Secretary, RTA to seek concurrence from Sister RTA, Palakkad and place this application before this authority again. Item No.18 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.19 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.20 Heard. Considered the application for fresh permit. Several existing operators including the representative of KSRTC objected the grant of permit by stating that the proposal time make clash with their time schedule. But enquiry reveals that the proposed route does not objectionably overlap any notified route and complies the provisions of MV Act and Rules. Under these circumstances the fresh permit granted subject to settlement of timings. The Secretary is directed to give due consideration for the objections submitted by the existing operators. Item No.21

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Heard. Considered the application for fresh permit to operate on the route Mukkam – Areekode – Othayi Via Karassery, Cheruvadi, Kavilada, Kuniyil, Perumkadav bridge, Mythra Bridge, Pavanna as Ordinary Service. In the modified proposal, a portion of the route for a distance of 9 Kms lies in Kozhikkode Dist. Hence decision on the application adjourned with a direction to Secretary, RTA to seek concurrence from Sister RTA, Kozhikkode and place this application before this authority again. Item No.22 Heard. Considered the application for fresh permit. Several existing operators including the representative of KSRTC objected the grant of permit by stating that the proposal time make clash with their time schedule. But enquiry reveals that the proposed route does not objectionably overlap any notified route and complies the provisions of MV Act and Rules. Under these circumstances the fresh permit granted subject to settlement of timings. The Secretary is directed to give due consideration for the objections submitted by the existing operators. Item No.23 Heard. Regular stage carriage permit on the proposed route is granted to stage carriage KL 10 BD 4621 subject to settlement of timings. The grantee of the permit is directed to produce the current records of the stage carriage KL 10 BD 4621 within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.24 Heard. Examined the connected file and records. Also heard enroute operators and KSRTC. The proposed route is to conduct service between Kottakkal – Tirur and have a route length 26.8kms. There is an overlapping of 1.2 kms from Chankuvetti to Edarikkode on the notified route Kottayam – Kozhikkode. All the trips, except the last round trip, are via Chankuvetti, Edarikkode, Mammalippadi,Kuttippala, Vailathur, Payyanangadi, which are well served sectors with an average time gap of 5 minutes. The distance of route from Kottakkal to Tirur via Chankuvetti, Edarikkode, Mammalippadi,Kuttippala, Vailathur, Payyanangadi is 13.8 kms. The last round trip from Kottakkal to Tirur is via Chankuvetti, Edarikkode, Mammalippadi, Kuruka, Kadungathukundu, Iringavur, Payyanangadi, which are ill served areas. The additional distance to be covered for the last round trip is 13 kms. Except the last round trip through the ill served deviated route, this application will become ineligible for consideration, as it attracts clause 5(c) of notification G.O.(P) No 8/2017/Tran dated 23.03.2017. The applicant in his representation submitted along with the application for fresh permit states that the proposed route is through the ill served and interior areas. As per the proposed time schedule he provided only the last round trip through the ill served and interior areas. From this it is evident that his intention is to conduct service through the well served area by providing only last round trip through the ill served area. In the above circumstance it is assumed that the last round trip is provided only to comply the provision of clause 5(c) of notification G.O.(P) No 8/2017/Tran dated 23.03.2017. The enroute operators and KSRTC alleged that the proposed route is through well served area and introduction of new service will result in unhealthy competition and will affect passenger safety adversely. The proposed time schedule reveals that all the trips except the last round trip, are through well served area. The field officer also reports that the frequency of stage carriage service through the well served area is 5 minutes. For the above reasons this application for fresh stage carriage permit is rejected. Item No.25 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce

7 RTA Malappuram 07.01.2020 the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.26 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.27 Heard. Regular stage carriage permit on the proposed route is granted to a suitable stage carriage subject to settlement of timings. The grantee of the permit is directed to produce the current records of a stage carriage for endorsing the granted permit as specified in the decision of STA held on 16.01.2019 in Departmental item 1, that the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS stage carriage as eight years, within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.28 Heard. Regular stage carriage permit on the proposed route is granted to stage carriage KL 10 BA 9842 subject to settlement of timings. The grantee of the permit is directed to produce the current records of the stage carriage KL 10 BA 9842 within thirty days of communication of this decision as per Rule 159[2] of KMV Rules 1989; failing which the grant of the regular permit will be treated as revoked without further notice. Item No.29 Heard. Considered the application for grant of fresh permit and verified the records submitted by the applicant in respect of stage carriage KL 10 AX 2688. On verification it is found that this vehicle is already issued with a regular permit (Permit No.10/4463/2019) valid from 26/12/2019 to 25/12/2024. The existing operators strongly objected by stating that this applicant is purposefully misleading this authority by providing the records of a vehicle which is having a valid permit. Considering all these matters the application for fresh permit is rejected. Item No.30 Heard. Considered the application for grant of fresh permit. The representative of KSRTC as well as the enroute operators pointed out that in item no 28 the overlapping distance from Kondotty Byepass junction to Kondotty Bus stand is reported as 2kms. But in the report for this application it is mentioned as 1 km for the same portion stated above. Hence Secretary RTA is directed to conduct a detailed enquiry regarding the overlapping distance from Kondotty Byepass junction to Kondotty Bus stand. Decision on the application is adjourned for the compliance of above direction. Item No.31

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Heard. Considered the application for fresh permit. On verification it is found that the proposed route length is 98.5 Kms and this route length has attained due to the proposal for conducting service to different routes in each trip. Permissible limit of overlapping on notified route is 4.94 Kms. As per the report of enquiry officer the overlapping in different portions comes for a distance of 4.8 Kms. It is understood that merely for the compliance of the notification the applicant proposed different routes. The enroute operators as well as representative of KSRTC strongly objected the grant of permit by stating that the proposed route will adversely affect their services. Under these circumstances Secretary RTA is directed to conduct a detailed enquiry regarding the exact distance of overlapping as well as the feasibility of the proposed route with proposed time schedule. Hence adjourned. Item No.32 Heard. Perused the order of Hon’ble STAT in MVARP No 173/2019 dated 24/10/2019 and considered the application for fresh permit on the route Karulai - Manjeri Old Bus stand via Chelod, Pookottumpadam, Kalikavu, Karuvarakundu, Melattur, Pattikkad, Perintalmanna, Tirurkkad, Mankada, Anakkayam and via Olipuzha, Pandikkad, Wandoor & Vaniyambalam as Ordinary Service. On verification of file it is found that the applicant has applied for a fresh permit in the lapsed vacancy of another stage carriage permit. As per the existing Motor Vehicles Act & Rules there is no such a term ‘ for a fresh permit in the lapsed vacancy’. Hence Secretary RTA is directed to consider this application as an application for fresh stage carriage permit and to report the feasibility of the application with all relevant factors for a fresh permit. Hence adjourned. Item No.33 Heard. Considered the application for the grant of temporary permit through a varied route Thampuratti to Chungathara Via Pookkottumanna Regulator Cum Bridge in respect of stage carriage KL 57 D 3092 having regular permit on the route Erumamunda – Kaippinikkadavu via Chembankolly and Kurumbilangode since the Kaippini bridge on the Chungathata – Kaippini road was washed off due to the flood. This authority considered the matter on the grounds of Disaster Management under the direction of Chairman and granted temporary permit for 4 months. Secretary is delegated to issue further temporary permits if necessary on the same ground till the renovation of the regular route is completed. Item No.34 Heard. Considered the application for the grant of temporary permit through a varied route Thampuratti to Chungathara Via Pookkottumanna Regulator Cum Bridge in respect of stage carriage KL 10 U 3308 having regular permit on the route Pothukal –Chungathara via Nhettikkulam, Panamkayam, Vellimittam, Koomanthode, Kolompadam, Kurumbalamgode, Kaippini since the Kaippini bridge on the Chungathata – Kaippini road was washed off due to the flood. This authority considered the matter on the grounds of Disaster Management under the direction of Chairman and granted temporary permit for 4 months. Secretary is delegated to issue further temporary permits if necessary on the same ground till the renovation of the regular route is completed. Item No.35 Heard. Considered the application for the grant of temporary permit through a varied route Thampuratti to Chungathara Via Pookkottumanna Regulator Cum Bridge in respect of stage carriage KL 51 7494 having regular permit on the route Erumamunda – Kaippinikkadavu via Kurumbilangode, Kolompadam and Koomanthode since the Kaippini bridge on the Chungathata – Kaippini road was washed off due to the flood. This authority considered the matter on the grounds of Disaster Management under the direction of Chairman and granted temporary permit for 4 months. Secretary is delegated to issue

9 RTA Malappuram 07.01.2020 further temporary permits if necessary on the same ground till the renovation of the regular route is completed. Item No.36 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.37 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.38 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.39 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.40 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.41 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.42 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.43 Heard. Maximum time of 4 months from the date of communication of the decision granting the fresh regular permit, is allowed as per rule 159(2) of KMV rules. Item No.44 Heard. 1. Perused the judgment of Hon’ble High Court of Kerala in wp© 26807 of 2019(D) dated 15/11/2019 and considered the request of the applicant. 2. Delay condoned subject to remittance of compound fee Rs.10000/- Item No.45 Heard. 1. Perused the judgment of Hon’ble High Court of Kerala in wp© 31186 of 2019(D) dated 25/11/2019 and considered the request of the applicant. 2. Delay condoned subject to remittance of compound fee Rs.10000/- Item No.46 Heard. Variation of permit granted subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.47 Heard. Perused the order of Hon’ble STAT in MVAA No 149 of 2019 dated 21.11.2019. In obedience to the order of Hon’ble STAT reconsidered the application for variation of permit and granted variation of permit subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.48

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Heard. Perused the order of Hon’ble STAT in MVAA No 81 of 2019 dated 20.12.2019. Considered the application for variation of permit afresh. Variation of permit granted subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.49 Heard. Perused the order of Hon’ble STAT in MVARP No 149 of 2019 dated 25.10.2019 and reconsidered the application for variation of permit. The variation application is for converting nature of service from Ordinary Service to Limited Stop Ordinary Service. This will defeat the travelling facilities of short distance passengers especially students. So long as the notification G.O.(P) No.8/2017/Tran dated 23.03.2017 exists, further ordinary service will not available for the travelling public belongs to this area. As per clause 19 of above notification the right to operate any new service and to increase the trips on the notified route or its portion will be reserved exclusively for State Transport Undertaking. Hence rejected. Item No.50 Heard. Variation of permit granted subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.51 Heard. Perused the order of Hon’ble STAT in MVAA No 198 of 2018 dated 03.11.2018. In obedience to the order of Hon’ble STAT reconsidered the application for variation of permit and granted variation of permit subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.52 Heard. Considered the application for variation of permit. The enroute operators and representative of KSRTC strongly objected the proposed variation by stating that under the guise of rearrangement of trips the applicant intend to conduct additional trip in the notified sector. Secretary RTA is directed to conduct a detailed enquiry and submit a specific report regarding the variation. The report shall be specific whether the variation will serve the convenience of the travelling public as per Section 80(3) of Motor Vehicles Act. Hence adjourned. Item No.53 Heard. Granted variation of permit by curtailment of trip from Kozhikkode to Kozhikkode Medical College without any changes to the existing timings. Secretary RTA is directed to issue fresh timing schedule to the varied route. Item No.54 Heard. Perused the order of Hon’ble STAT in MVAA No 117/2017 dated 16.10.2019 and reconsidered the application for variation of permit. On verification of records it is found that there is no specific reason to convince that this variation will serve the convenience of travelling public as required in section 80(3) of Motor Vehicles Act. Moreover the representative of KSRTC objected the variation by stating that this permit is a saved permit as per notification G.O.(P) No.3/2014/Tran dated 22.01.2014 and variation may not be allowed as per clause 19 of the same notification. Hence the application for variation of permit reconsidered and rejected. Item No.55 Heard. Perused the judgment of Hon’ble High Court in WP©26651/2019 dated 22.10.2019 and reconsidered the application for variation of permit. On verification of records it is found that the proposed variation includes objectionable overlapping of 1.6Kms on the notified route Palakkad –Kozhikkode. As per clause 19 of notification G.O.(P) No.8/2017/Tran dated 23.03.2017 the right to operate any new service and to increase the trips on the notified

11 RTA Malappuram 07.01.2020 route or its portion will be reserved exclusively for State Transport Undertaking. The enquiry officer has report that the proposed additional trips are through well served sectors and may result in unhealthy competition on the sector. He also reported that the proposed variation of trip to Pottikkalu may affect adversely to the travelling public and students of that region. For the above reasons the application for variation of permit is rejected. Item No.56 Heard. Considered the application for variation of permit. Verified the enquiry report submitted by Joint Regional Transport Officer, Thirurangadi. It is found that the variation will not be beneficial to the travelling public as per the requirement of section 80(3) of Motor Vehicles Act. No specific circumstance has arisen for a variation of permit as mentioned in Rule 145(7) of KMV Rule. Hence application for variation of permit rejected. Item No.57 Heard. Considered the application for variation of permit. The variation application include converting nature of service from Ordinary Service to Limited Stop Ordinary Service. This will defeat the travelling facilities of short distance passengers especially students. So long as the notification G.O.(P) No.8/2017/Tran dated 23.03.2017 exists, further ordinary service will not available for the travelling public belongs to this area. As per clause 19 of above notification the right to operate any new service and to increase the trips on the notified route or its portion will be reserved exclusively for State Transport Undertaking. Hence rejected. Item No.58 Heard. Considered the application for variation of permit and verified the records. The proposed variation will adversely affect the travelling public as it includes curtailment of night trip at 8.15 pm from Manjeri to Nilambur. So long as the notification G.O.(P) No.8/2017/Tran dated 23.03.2017 exists, further ordinary service will not available for the travelling public belongs to this area. As per clause 19 of above notification the right to operate any new service and to increase the trips on the notified route or its portion will be reserved exclusively for State Transport Undertaking. It is found that the variation will not be beneficial to the travelling public as per the requirement of section 80(3) of Motor Vehicles Act. No specific circumstance has arisen for a variation of permit as mentioned in Rule 145(7) of KMV Rule. Hence application for variation of permit rejected. Item No.59 Heard. Considered the application for variation of permit and verified the records. The enquiry officer reported that the proposed variation is for curtailment of trip to Kodakkadu and it will adversely affect travelling public and students. It is found that the variation will not be beneficial to the travelling public as per the requirement of section 80(3) of Motor Vehicles Act. No specific circumstance has arisen for a variation of permit as mentioned in Rule 145(7) of KMV Rule. Hence application for variation of permit rejected. Item No.60 Heard. Perused the order of Hon’ble STAT in MVAA No 190/2019 dated 02.11.2019 and reconsidered the application for variation of permit. In obedience to the order of Hon’ble STAT variation of permit granted subject to the settlement of timings. Item No.61 Heard. Perused the order of Hon’ble STAT in MVAA No 352/2018 dated 26.09.2.019 and reconsidered the application for variation of permit. In obedience to the order of Hon’ble STAT variation of permit granted subject to the settlement of timings. Item No.62 Heard. Perused the order of Hon’ble STAT in MVAA No 146/2019 dated 25.10.2.019. The variation sought for is to change the nature of service from Ordinary Service to Limited Stop

12 RTA Malappuram 07.01.2020

Ordinary Service. The Learned Counsel for the applicant submitted that the existing running time is 1.45minutes/Km. By changing the nature of service as Limited Stop Ordinary Service, the stopping places will be reduced and it will adversely affect the passengers including students. Hence variation granted by obeying the order of Hon’ble STAT without changing the existing time schedule. Applicant is directed to submit the list of stopping places in accordance with the convenience of the travelling public especially students. Item No.63 Heard. Perused the order of Hon’ble STAT in MVAA No 110/2019 dated 27.06.2019 and reconsidered the application for variation of permit. The proposed curtailment between Thirunnavaya and Thirur will adversely affect the travelling public and it does not comply the provisions of 80(3) of Motor Vehicles Act. Hence the application for variation of permit considered and found there is no merit in the application. Hence rejected. Item No.64 Heard. Perused the order of Hon’ble STAT in MVAA No 179/2019 dated 24.10.2019 and reconsidered the application for variation of permit. On the basis of the order of Hon’ble STAT and report submitted by Joint Regional Transport Officer, Perintalmanna, variation of permit granted subject to settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.65 Heard. Perused the order of Hon’ble STAT in MVAA No 180/2019 dated 24.10.2019 and reconsidered the application for variation of permit. On the basis of the order of Hon’ble STAT and report submitted by Joint Regional Transport Officer, Perintalmanna, variation of permit granted subject to settlement of timings. Item No.66 Heard. Variation of permit granted subject to the settlement of timings. Secretary RTA is directed to settle the timings pertaining to the varied route only. Item No.67 Heard. Verified the file and report submitted by Joint Regional Transport Officer, Thirurangadi. On the basis of report submitted by Joint Regional Transport Officer, Thirurangadi, variation of permit granted subject to settlement of timings. Item No.68 Heard. 1. This is to consider the application for renewal of inter-district stage carriage permit in respect of the stage carriage, KL 08 AY 459, and regular variation for the conversion of nature of service as Limited Stop Ordinary Service (hereafter LSOS), operating on the route, Thrissur –Guruvayoor –Kozhikode via Chundal Chovvallurppadi Kunnamkulam Edappal Kuttippuram vide Permit No. 10/537/2000/M, which was valid from 12.06.2010 to 11.06.2015; for further period of five years. 2. Since the route is inter-district, the matter was placed before this authority convened on 11.07.2016 in item No. 112. This authority adjourned the matter by directing Secretary, R.T.A. to seek concurrence from sister RTAs having jurisdiction of more than 20 Kilometers. Further, the RTA ratified the issued Temporary Permits and directed to issue further temporary permit u/s 87(1) d of Motor Vehicles Act for durations of 4 months to continue the service as LSOS. Route enquiry reports from the Secretary of Sister RTAs, Kozhikkode and Thrissur obtained. The total route length is 143Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and

13 RTA Malappuram 07.01.2020

Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Thrissur –Guruvayoor –Kozhikode and the class of service was LSFP; as per the notified routes published by GO(P) No.42/2009/Tran dtd 14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further. Also, as per G.O. (P) No. 73/2013/Tran dated 16.07.2013 issued under No. 555/2013 Government approved a scheme specifying that higher class services like LSFP should be run and operated by the Statue Transport Undertaking. As per G.O. (MS) No. 45/2015/Trans; Dtd. 20.08.2015, there is a direction to Regional Transport Authorities to issue Ordinary Limited Stop Services to those private stage carriages which had been operated as super class services. Hence the application of the permit holder to vary the class of vehicle from LSFP to LSOS can be considered. Thus, we are considering the application of this permit on the above said route as an Ordinary Service with limited number of stops as requested by the applicant and approved by this authority. In short the service can be considered as an ordinary service. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P) No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

14 RTA Malappuram 07.01.2020 as regards maximum distance, while finalizing the draft Rules, the State Government had breached the statutory procedure. This clearly shows that Hon. Division Bench of high Court of Kerala has upheld the amendment in KMVRs, Rule 2 o (a). Now we have also verified the Rule 2 o (a) of KMVR; it reads: Ordinary Service means a service, which is operated on a route having a distance of not more than 140 Kms. with one or more stops in every fare stage. Since the permit lies in the category of ordinary service we are of the opinion that Rule 2 o (a) of KMVRs is applicable to this permit. 7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: a) Variation in class of service of the above permit from LSFP to LSOS is allowed. b) Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned. Item No.69 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable.

Item No.70 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.71 Heard. 1. This is to consider the application dated 13.07.2012 and belated application dated 20.12.2018 for renewal of inter-district stage carriage permit in respect of the stage carriage, KL 08 AV 2026, and regular variation for the conversion of nature of service as Limited Stop Ordinary Service (hereafter LSOS), operating on the route, Thrissur – Guruvayoor –Kozhikode via Chundal Chovvallurppadi Kunnamkulam Edappal Kuttippuram vide Permit No. 10/512/1997/M, which was valid from 18.12.2007 to 17.12.2012. 2.Route enquiry reports from the Secretary of Sister RTAs, Kozhikkode and Thrissur obtained. The total route length is 146Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Thrissur –Guruvayoor –Kozhikode and the class of service was LSFP; as per the notified routes published by GO(P) No.42/2009/Tran dtd

15 RTA Malappuram 07.01.2020

14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further. Also, as per G.O. (P) No. 73/2013/Tran dated 16.07.2013 issued under No. 555/2013 Government approved a scheme specifying that higher class services like LSFP should be run and operated by the Statue Transport Undertaking. As per G.O. (MS) No. 45/2015/Trans; Dtd. 20.08.2015, there is a direction to Regional Transport Authorities to issue Ordinary Limited Stop Services to those private stage carriages which had been operated as super class services. Hence the application of the permit holder to vary the class of vehicle from LSFP to LSOS can be considered. Thus, we are considering the application of this permit on the above said route as an Ordinary Service with limited number of stops as requested by the applicant and approved by this authority. In short the service can be considered as an ordinary service. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P) No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

16 RTA Malappuram 07.01.2020

Now we have also verified the Rule 2 o (a) of KMVR; it reads: Ordinary Service means a service, which is operated on a route having a distance of not more than 140 Kms. with one or more stops in every fare stage. Since the permit lies in the category of ordinary service we are of the opinion that Rule 2 o (a) of KMVRs is applicable to this permit. 7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: a) Variation in class of service of the above permit from LSFP to LSOS is allowed. b) Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned. Item No.72 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.73 Heard. 1.Perused the order of Hon’ble STAT in MVAAP No 161/2019 dated 31.10.2019. In obedience to the order of Hon’ble STAT renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. 2. On verification of file it is found that the basic permit was issued to the original vehicle KLL 8888 with seating capacity 43 in all. Subsequently the replacement was allowed to the existing vehicle KL 08 Z 3969 with seating capacity 33 in all, where the material difference regarding the seating capacity is less than 25% when compared with the original vehicle KLL 8888. In this case the maximum permissible limit of the material difference regarding the seating capacity is 32 in all. Now the replacement of vehicle is sought with stage carriage KL 54 L 2343 with seating capacity 31 in all. If the replacement is to be considered with the existing vehicle without comparing the material difference with original vehicle, it will adversely affect the Government exchequer and public interest caused by the successive reduction of seating capacity. This was pointed out by the Hon’ble High Court of Kerala in the judgment in WP(C) No 5728 of 2015-M and connected cases. The Hon’ble High Court has also observed that “ the material difference shall always be related to the original vehicle, since even the rule as it exists now, could be so interpreted”. Hence the replacement of vehicle with seating capacity 31 is rejected. Item No.74 Heard. Considered the belated application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Delay is condoned and renewal of regular permit is granted subject to remittance Rs.10,000/- being the compounding fee for the permit-less operation; clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.75

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Heard. Heard. 1. This is to consider the application dated 26.10.2010 and 05.07.2016 for renewal of inter- district stage carriage permit in respect of the stage carriage, KL 65 3260 operating on the route, Kozhikkode – Ernamkulam South Bus stand vide Permit No. 10/882/2001/M, which was valid from 23.07.2006 to 22.07.2011. 2.Route enquiry reports from the Secretary of Sister RTAs, Ernamkulam, Thrissur, Kozhikkode and Malappuram obtained. The total route length is 202.5Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Kozhikkode – Ernamkulam South Bus stand and the class of service is LSOS; as per the notified routes published by GO(P) No.42/2009/Tran dtd 14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P) No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

18 RTA Malappuram 07.01.2020 as regards maximum distance, while finalizing the draft Rules, the State Government had breached the statutory procedure. This clearly shows that Hon. Division Bench of high Court of Kerala has upheld the amendment in KMVRs, Rule 2 o (a). Now we have also verified the Rule 2 o (a) of KMVR; it reads: Ordinary Service means a service, which is operated on a route having a distance of not more than 140 Kms. with one or more stops in every fare stage. Since the permit lies in the category of ordinary service we are of the opinion that Rule 2 o (a) of KMVRs is applicable to this permit. 7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned.

Item No.76 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.77 Heard. Considered the belated application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Delay is condoned and renewal of regular permit is granted subject to remittance Rs.10,000/- being the compounding fee for the permit-less operation; clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.78 Heard. (a) Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. (b) Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.79 Heard. Condone the delay in filing application for renewal of permit. Renewal of regular permit is granted and Transfer of permit allowed subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.80 Heard. Considered the belated applications for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Delay is condoned, renewal of regular permit is granted and replacement of vehicle allowed subject to remittance of Rs.10,000/- being the compounding fee for the permit-less operation;

19 RTA Malappuram 07.01.2020 clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.81 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.82 Heard. Considered the application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Renewal of regular permit is granted subject to the clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.83 Heard. Perused the order of Hon’ble STAT in MVAA No 205/2019 dated 10.12.2019 and reconsidered the applications for renewal of permit. Renewal of permit application filed on 06.05.2011 was already considered by this authority convened on 28.07.2011 and direction was issued to Secretary, RTA to seek concurrence from Sister RTAs. Without waiting for the completion of permit renewal procedures, the applicant approached Hon’ble STAT for issuing clearance certificate by keeping permit under suspended animation. in obedience to the order of Hon’ble STAT clearance certificate was issued on 28.05.2012. This permit was supposed to be replaced within 4 months from the date of clearance certificate issued. After a period of more than 4 years, the applicant on 29.08.2016 filed another application for renewal of permit along with an application for replacement of vehicle. This permit is stagnant since last 8 years. The travelling public of that region is deprived of their travelling facility due to the quiescence of the permit. The applicant failed to submit any good and sufficient reason for replacement of vehicle within the stipulated time. For the above reasons the renewal of permit application rejected. Item No.84 Heard. 1. This is to consider the application dated 14.11.2011 and belated application dated 19.06.2017 for renewal of inter-district stage carriage permit in respect of the stage carriage, KL 48 H 8999 operating on the route, Thrissur – Thalassery vide Permit No. 10/5860/1994/M, which was valid from 05.02.2007 to 04.02.2012. 2.Route enquiry reports from the Secretary of Sister RTAs, Kannur,Kozhikkode, Malappuram and Thrissur obtained. The total route length is 198Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Thrissur –Thalassery and the class of service is LSOS; as per the notified routes published by GO(P) No.42/2009/Tran dtd 14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P)

20 RTA Malappuram 07.01.2020

No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

6. We have also verified clause 18 of the aforesaid Judgment, which reads: “Such being the case, the draft amendment introduced, for the first time, a definition of Ordinary Limited Stop Service in the Rules. Although the definition contained in the draft notification did not stipulate a maximum distance, it is difficult to conceive of any objection that a private operator could have raised against the introduction of a new class of service for the first time. Similarly, the private operators could not have insisted that the OLS service that was being introduced, had to be one without any stipulation as to maximum distance for that would tantamount to dictating a policy to the State Government. Under the circumstances, we cannot accept the contention urged on behalf of the petitioners that in introducing a stipulation as regards maximum distance, while finalizing the draft Rules, the State Government had breached the statutory procedure. This clearly shows that Hon. Division Bench of high Court of Kerala has upheld the amendment in KMVRs, Rule 2 o (a). Now we have also verified the Rule 2 o (a) of KMVR; it reads: Ordinary Service means a service, which is operated on a route having a distance of not more than 140 Kms. with one or more stops in every fare stage. Since the permit lies in the category of ordinary service we are of the opinion that Rule 2 o (a) of KMVRs is applicable to this permit. 7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned. Item No.85

21 RTA Malappuram 07.01.2020

Heard. Heard. 1. This is to consider the application dated 06.07.2013 and belated application dated 30.10.2018 for renewal of inter-district stage carriage permit in respect of the stage carriage, KL 65 C 3240 operating on the route, Thrissur – Guruvayur – Kozhikkode vide Permit No. 10/546/1998/M, which was valid from 31.08.2008 to 30.08.2013. 2.Route enquiry reports from the Secretary of Sister RTAs, Kozhikkode, Thrissur and Malappuram were obtained. The total route length is 146Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Thrissur – Guruvayur – Kozhikkode and the class of service is LSOS; as per the notified routes published by GO(P) No.42/2009/Tran dtd 14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P) No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

22 RTA Malappuram 07.01.2020 as regards maximum distance, while finalizing the draft Rules, the State Government had breached the statutory procedure. This clearly shows that Hon. Division Bench of high Court of Kerala has upheld the amendment in KMVRs, Rule 2 o (a). Now we have also verified the Rule 2 o (a) of KMVR; it reads: Ordinary Service means a service, which is operated on a route having a distance of not more than 140 Kms. with one or more stops in every fare stage. Since the permit lies in the category of ordinary service we are of the opinion that Rule 2 o (a) of KMVRs is applicable to this permit. 7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned. Item No.86 Heard. 1. This is to consider the application for renewal of inter-district stage carriage permit in respect of the stage carriage, KL 54 D 8297, and regular variation for the conversion of nature of service as Limited Stop Ordinary Service (hereafter LSOS), operating on the route, Thrissur –Guruvayoor –Kozhikode via Chovvallurppadi Kunnamkulam Edappal Kuttippuram vide Permit No. 10/51900/2001/M, which was valid from 30.05.2010 to 29.05.2015; for further period of five years. 2. Since the route is inter-district, the matter was placed before this authority and adjourned the matter by directing Secretary, R.T.A. to seek concurrence from sister RTAs having jurisdiction of more than 20 Kilometers. Further, the RTA ratified the issued Temporary Permits and directed to issue further temporary permit u/s 87(1) d of Motor Vehicles Act for durations of 4 months to continue the service as LSOS. Route enquiry reports from the Secretary of Sister RTAs, Kozhikkode and Thrissur obtained. The total route length is 141Kms as per the reports. 3. We have verified the application and the reports of the route enquiry officers in detail. We have also verified the connected records, provisions contained in respective Sections and Rules in Motor Vehicles Act and Rules therein. We have also referred various Government Orders and connected Judgments of Hon. High Court of Kerala in this regard. 4. The route of this expired permit is Thrissur –Guruvayoor –Kozhikode and the class of service was LSFP; as per the notified routes published by GO(P) No.42/2009/Tran dtd 14/07/2009 and further modified scheme vide GO(P) No.08/2017/Tran dtd 23/03/2017 Clause 5 (b) of the notification reads as follows: The existing and operating permits as on 14th July 2009 will be permitted to operate as Ordinary or Ordinary Limited Stop Service. As per Clause 5 (c) of the above notification, existing and operating permits in private sector as on 14th July 2009 are only allowed to operate further.

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Also, as per G.O. (P) No. 73/2013/Tran dated 16.07.2013 issued under No. 555/2013 Government approved a scheme specifying that higher class services like LSFP should be run and operated by the Statue Transport Undertaking. As per G.O. (MS) No. 45/2015/Trans; Dtd. 20.08.2015, there is a direction to Regional Transport Authorities to issue Ordinary Limited Stop Services to those private stage carriages which had been operated as super class services. Hence the application of the permit holder to vary the class of vehicle from LSFP to LSOS can be considered. Thus, we are considering the application of this permit on the above said route as an Ordinary Service with limited number of stops as requested by the applicant and approved by this authority. In short the service can be considered as an ordinary service. 5. In this connection, we have also considered the Judgment of Hon High Court of Kerala in WP(C) No. 10563 of 2017; as per Clause 16 of the aforesaid Judgment of Hon. Division Bench, has quashed clause of 4 of the notification published as per vide GO(P) No.08/2017/Tran dtd 23/03/2017. Hence what prevailing is the same clause in its previous scheme, that is, GO (P) No.42/2009/Tran dtd 14/07/2009. This reads: 4. Whether the services Yes, permits issued in the private sector on or before 09-05- are to be operated by the 2006 will be allowed to continue till the dates of expiry of the State Transport respective permits. Thereafter regular permits will be Undertaking to the granted to them. When the State Transport Undertaking exclusion of other persons applies for introducing new services in the above routes, or otherwise: corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filling application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.

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7. Thus a combined reading of the above mentioned notifications and Judgments we concluded that: a) Variation in class of service of the above permit from LSFP to LSOS is allowed. b) Renewal of permit application can only considered as per Rule 2 o (a) of Kerala Motor Vehicles Rules. Thus, renewal of permit cannot be granted to a private service stage carriage permit beyond a total route length of 140 Kms. However the above mentioned Govt. orders has given a privilege to the operator to modify his permit application in such a way that the maximum distance should not increase 140 Kms. Hence we are giving that privilege to the operator to limit the total distance of his service to 140 Kms. and re-submit the application for renewal before this authority, with list of intended stops in such a way that there should be at least one stop in every fare stage. After obtaining the revised proposal as mentioned above, the Secretary, RTA will issue temporary permit of four month duration till such a final decision on this renewal application will be arrived at by this authority. Hence the decision on the application for renewal is adjourned. Item No.87 Heard. Considered the belated application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Delay is condoned and renewal of regular permit is granted subject to remittance Rs.10,000/- being the compounding fee for the permit-less operation; clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.88 Heard. Considered the belated application for renewal of permit in accordance with Motor Vehicles Act and Rules and in view of existing Government notifications. Delay is condoned and renewal of regular permit is granted subject to remittance Rs.10,000/- being the compounding fee for the permit-less operation; clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable. Item No.89 Heard. Perused the order of Hon’ble STAT in MVAA No 172/2019 dated 28.10.2019 and reconsidered the applications for renewal of permit. Verified connected file and records. The stage carriage KL 10 N 556 was a four wheeled vehicle with regular permit valid up to 09.07.2011. Vehicle was under Form G from 01.05.2010 to 30.09.2012. The applicant filed renewal of regular permit application on 22.06.2011. On 16.10.2012 the applicant filed a representation stating that the permit renewal application need not be considered and he does not want to renew the regular permit in respect of his four wheeled stage carriage.He was called for a personal hearing and he repeated the same on paper. After a period of more than 6 years, the applicant on 17.02.2018 filed another application for renewal of permit along with an application for replacement of vehicle. This permit is stagnant since last 10 years. The travelling public of that region is deprived of their travelling facility due to the quiescence of the permit. Moreover the Hon’ble High Court in its judgment in wp©Nos. 927/2011 and connected cases restricted the operation of stage carriages in the State up to 31.03.2013. After a period of 5 years the applicant on 17.02.2018 filed application for renewal of permit and replacement of vehicle. The applicant failed to submit any good and sufficient reason for the delay in filing renewal and replacement of vehicle applications. Hence rejected. Item No.90 Heard. Perused the judgment of Hon’ble STAT in MVAA No 45 of 2018 and reconsidered the application for renewal of Permit and Replacement of vehicle. Verified the files and records. Renewal of permit granted and replacement of vehicle allowed subject to clearance of Govt. dues and production of No-Objection Certificate from the financier, if applicable.

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Item No.91 Heard. Perused the order of Hon’ble STAT in MVAA No 170/2019 dated 12.11.2019 and reconsidered the application for renewal of permit and replacement of vehicle. Verified connected file and records. The applicant has withdrawn vehicle by keeping the permit under suspended animation with effect from 05.09.2013 onwards. He has not replaced the permit with another suitable vehicle within the prescribed time. The judgment of Hon’ble High court in W.A. Nos. 2486,2455 and 2769 of 2015 dated 06.04.2016 says that “Request from the petitioners for keeping the permit under suspended animation may range from months to years and permitting such request is nothing but denying the use of services by the general public. Petitioners did not want their permits to be kept under suspension. Since in the event of permit holder loses ownership of the vehicle, power of suspension is granted under S.86 and on suspension temporary permit can be issued on the route. Petitioners wanted their permits to remain alive without it being suspended and detach the vehicle for the use of the vehicle for some other purpose which is clearly contrary to the object and purpose of the 1988 Act and the 1989 Rules as noted above.” Hence the permit issued to the earlier vehicle KL 48 C 6406 is here by revoked and the application for renewal of permit is rejected. Since there is no valid permit the application for replacement of vehicle is rejected. Item No.92 Heard. Perused the order of Hon’ble STAT in MVAA No 198/2019 dated 15.11.2019 and reconsidered the application for renewal of permit. Verified connected file and records. The applicant has withdrawn vehicle by keeping the permit under suspended animation. He has not replaced the permit with another suitable vehicle within the prescribed time. The judgment of Hon’ble High court in W.A. Nos. 2486,2455 and 2769 of 2015 dated 06.04.2016 says that “Request from the petitioners for keeping the permit under suspended animation may range from months to years and permitting such request is nothing but denying the use of services by the general public. Petitioners did not want their permits to be kept under suspension. Since in the event of permit holder loses ownership of the vehicle, power of suspension is granted under S.86 and on suspension temporary permit can be issued on the route. Petitioners wanted their permits to remain alive without it being suspended and detach the vehicle for the use of the vehicle for some other purpose which is clearly contrary to the object and purpose of the 1988 Act and the 1989 Rules as noted above.” Hence the permit issued to the earlier vehicle KL 07 CF 5238 is here by revoked and the application for renewal of permit is rejected. Item No.93 Heard. Perused the order of Hon’ble STAT in MVAA No 199/2019 dated 23.11.2019 and reconsidered the application for replacement of vehicle. Now the permit holder is operating service with a vehicle having seating capacity of 28. The seating capacity of the incoming vehicle is also 28, which is same as that of the existing vehicle. Hence in obedience to the order of Hon’ble STAT replacement of vehicle allowed. Item No.94 Heard. The matter considered as an erratum for the item 94 of the agenda for the meeting held on 10.07.2019. Reconsidered the application for replacement of vehicle KL 07 AU 395 by a later model vehicle KL 04 U 8037 and allowed. Item No.95 Heard. Perused the order of Hon’ble STAT in MVARP No 186/2019 dated 06.12.2019. On verification of file it is found that the basic permit was issued to the original vehicle KL 10 C 4104 with seating capacity 48 in all. Subsequently the replacement was allowed to the existing vehicle KL 10 AK 4326 with seating capacity 38 in all, where the material difference regarding the seating capacity is less than 25% when compared with the original

26 RTA Malappuram 07.01.2020 vehicle KL 10 C 4104. In this case the maximum permissible limit of the material difference regarding the seating capacity is 36 in all. Now the replacement of vehicle is sought with stage carriage KL 23 E 1534 with seating capacity 33 in all. If the replacement is to be considered with the existing vehicle without comparing the material difference with original vehicle, it will adversely affect the Government exchequer and public interest caused by the successive reduction of seating capacity. This was pointed out by the Hon’ble High Court of Kerala in the judgment in WP(C) No 5728 of 2015-M and connected cases. The Hon’ble High Court has also observed that “ the material difference shall always be related to the original vehicle, since even the rule as it exists now, could be so interpreted”. Hence the replacement of vehicle with seating capacity 33 is rejected. Item No.96 Heard. The basic permit was issued to a vehicle having seating capacity 28 in all. Subsequently the vehicle was replaced with a vehicle having seating capacity 33 in all. Now the application is to replace the vehicle KL 54 H 9677 with KL 54 M 1155 having seating capacity 41. The explanatory note for the G.O.(P) No.85/2013/Tran dated 30.08.2013 by amending the Rule 174 of KMVR speaks of the concern of the Government insofar as the seating capacity is being consistently reduced with successive replacement causing loss to the exchequer by way of reduction of MV Tax as also the inconvenience caused to the travelling public. This is a case of enhancement of seating capacity and it will be beneficial for the Government exchequer as well as the travelling public. Hence the replacement of vehicle allowed. Item No.97 Heard. Now the vehicle is operating with seating capacity 28 in all. This application is for replacement of vehicle with seating capacity 30. The explanatory note for the G.O.(P) No.85/2013/Tran dated 30.08.2013 by amending the Rule 174 of KMVR speaks of the concern of the Government insofar as the seating capacity is being consistently reduced with successive replacement causing loss to the exchequer by way of reduction of MV Tax as also the inconvenience caused to the travelling public. This is a case of enhancement of seating capacity and it will be beneficial for the Government exchequer as well as the travelling public. Hence the replacement of vehicle allowed. Item No.98 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.99 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.100 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.101 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.102 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.103 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.104 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.105

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Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.106 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.100 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.107 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.108 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.109 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.110 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.111 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.112 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.113 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.114 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.115 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.116 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.117 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.118 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.119 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.120 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.121

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Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.122 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.123 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.124 Applicants absent. Adjourned. Item No.125 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.126 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.127 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.128 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.129 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.130 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.131 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.132 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.133 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.134 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.135 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.136 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.137 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.138 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any.

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Item No.139 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.140 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.141 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.142 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.143 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.144 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.145 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.146 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.147 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.148 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.149 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.150 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.151 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.152 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.153 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.154 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.155 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.156

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Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Item No.157 Concurrence is granted for fresh stage carriage permit on the route Thamarassery – Mukkam – Areekode – Edavannappara via Omassery – Kodiyathur Cheruvadi MVR Hospital Pazhamparamba Kinattinkandy Pathanapuram Kattangal as Ordinary Service subject to stipulations in the notification G.O(P) No.08/2017/Tran dated 23.03.2017. Item No.158 Concurrence is granted for fresh stage carriage permit on the route Mavoor – Mukkam – Edavannappara – Cheruvadi – Kodiyathoor – Kachery – Pulparamb – Manassery – Nairkuzhy - MVR Hospital – Pazhamparambu – Edasserikkadavu – Muringampurai –Vallathaipara as Ordinary Service subject to stipulations in the notification G.O(P) No.08/2017/Tran dated 23.03.2017. Item No.159 Concurrence is granted for fresh stage carriage permit on the route Cheruvady – Edavannappara - Thamarassery via Edasserikkadavu, Kizhuparamba, Pazhamparambu, Cheruvadi, Karasseri, Mukkam, Omassery, Velimanna, Kodiyathur and returm via Mudoor with halt at Cheruvadi as Ordinary Service subject to stipulations in the notification G.O(P) No.08/2017/Tran dated 23.03.2017. Item No.160 Concurrence for fresh stage carriage permit as ordinary service is granted subject to stipulations in the notification G.O(P) No.08/2017/Tran dated 23.03.2017, for the portion of the route having a distance of 7.6 Kms out of which 2.2 Kms (lies in two portions of 1.6 Kms and 0.600 Km) is virgin since Pulikkakadavu bridge is newly built and there is no bus service through the route. Item No.161 Heard the learned Counsel appeared for the permit holder and Complainants. Perused the report submitted by the Joint Regional Transport Officer, Ponnani along with the route sketch. In the report it is stated that the complaints against the service of the vehicle owned by the permit holder is genuine. It is realized that this service was operating on the route Tanur – Ponnani via Kuttippuram, Ayankalam, Madathilpady, Thavanur, Athalur, Athalur Road Junction over more than 30 years. Hence this authority convinced that the complaint against the service of the vehicle owned by the Permit Holder is genuine. Hence this authority strictly warns the permit holder to conduct service through the permitted route, that is via Kuttippuram, Ayankalam, Madathilpady, Thavanur, Madathilpady, Athalur and Athalur Road Junction without making any further complaints. Secretary is directed to watch the service of the vehicle. Item No.162 Heard. 1. Perused the judgment of Hon’ble High Court of Kerala in wp© 27705 of 2019(D) dated 23/10/2019 2.Considered the request for refixing the fare stage to IGBT Bus stand and to grant additional running time to traverse Manjeri Town and Bus stand. Verified the report of the field officer and the connected file. It is understood that there is only 1.6 km increase in the distance due to the implementation of new traffic system. Besides this, increase of 1.6km comes for the buses coming from Vazhikkadavu, Nilambur side to Kozhikkode for their onward journey only. During their return trips from Kozhikkode this increase is not applicable. It is also understood that by the introduction of new traffic system the distance between the fare stage Cherani and IGBT Bus stand is only

31 RTA Malappuram 07.01.2020

5.3kms for the buses travelling from Nilambur side to Kozhikkode. Rule 211 of KMVR states that “the maximum distance of each such stage shall not ordinarily exceed 6km and 500 meters ”. Under these circumstances this authority feels that there is no need to make any change in the existing running time as well as in the number of existing fare stages. Hence the request is rejected. Considered the request for implementation of one way traffic system from Jaseela Junction Kacherippadi. It is found that the proposal is not feasible at present. Hence the request is rejected. Item No.163 Heard. Considered the application for the grant of temporary permit through a varied route Thampuratti to Chungathara Via Pookkottumanna Regulator Cum Bridge in respect of stage carriage KL 10 AA 1901 having regular permit on the route Erumamunda – Kaippinikkadavu via Kurumbilangode Kolompadam and Koomanthode since the Kaippini bridge on the Chungathata – Kaippini road was washed off due to the flood. This authority considered the matter on the grounds of Disaster Management under the direction of Chairman and granted temporary permit for 4 months. Secretary is delegated to issue further temporary permits if necessary on the same ground till the renovation of the regular route is completed. Item No.164 Perused the order of Hon’ble STAT in MVAA No 92/2019, 95/2019, 96/2019 and 97/2019 dated 31/08/2019. On verification of file it is found that there is no sufficient parking place in the Manjeri Municipal area for granting variation of permit for further number of Autorikshaws to ply in the Municipal area by parking there. Under this circumstance the application for variation of parking places reconsidered and rejected. Item No.165 Perused the order of Hon’ble STAT in MVAA No 93/2019 dated 31/08/2019. On verification of file it is found that there is no sufficient parking place in the Manjeri Municipal area for granting variation of permit for further number of Autorikshaws to ply in the Municipal area by parking there. Under this circumstance the application for variation of parking places reconsidered and rejected. Additional Item No 1 Heard. The representative of KSRTC objected by stating that the overlapping distance is more than 5% of the route length. Hence Secretary RTA is directed to verify the overlapping distance on the notified route and report. Hence adjourned. Supplementary Item No.1 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Supplementary Item No.2 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Supplementary Item No.3 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Supplementary Item No.4 Heard. Transfer of permit allowed subject to the production of no objection certificate from the financier, if applicable and clearance of Govt. dues, if any. Supplementary Item No.5 Perused the judgment of Hon’ble High Court in WP(C) No 9677/2018 and order of Hon’ble STAT in MVAA No 405/2013. Reconsidered the application for variation of permit. In obedience to the judgment of Hon’ble High Court and order of Hon’ble STAT variation of

32 RTA Malappuram 07.01.2020 permit granted subject to the vehicle shall normally be kept at any suitable parking space at Malappuram Municipality by keeping a minimum distance of 1.5 Meters beyond the tarred margin of the road as directed by the Hon. High Court of Kerala (Chandran C.E. v. District Collector, Kozhikkode and others – 2013 (3) KHC 53: 2013 (3) KLT 449.) and complying the relevant provision of Section 118 and 122 of Motor Vehicles Act. Departmental Item 1 Ratified.

Sd/- Sri. M. Suresh, Deputy Transport Commissioner (CZ-1); Member, RTA Malappuram

Sd/- Sri. Abdul Karim U. IPS, District Police Chief; Member, RTA Malappuram

Sd/- Sri. Jafar Malik, IAS, District Collector; Chairman RTA, Malappuram.