Minutes of the Meeting of Regional Transport Authority Ernakulam Held
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MINUTES OF THE MEETING OF REGIONAL TRANSPORT AUTHORITY ERNAKULAM HELD ON 18/11/2017 Present:- Chairman - Sri.K.MOHAMMED.Y.SAFIRULLA,I.A.S, The District Collector, Ernakulam Members:- 1.Sri.A.V.Geoege,I.P.S, The District Police Chief, Ernakulam[Rural] & Member RTA Ernakulam 2.Sri.K.G.Samuel, Deputy Transport Commissioner [Law], CZ- II, Ernakulam . -------------------------------------------------------------------------------------------------------- Item No.01 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2178 on the route Thevara-Aluva-Aroor via Kaloor and Thoppumpady as Ordinary moffusil service. The entire portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2178 with proposed set of timings. Item No.02 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2174 on the route Thevara-Aluva-Aroor via Kaloor and Thoppumpady as Ordinary moffusil service. The entire portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2174 with proposed set of timings. Item No.03 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-8397 on the route Perumbavoor- Ernakulam Jetty via Aluva and Kalamassery as Ordinary moffusil service. The entire portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-8397 with proposed set of timings. Item No.04 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2180 on the route Kothamangalam- Ernakulam Jetty via Aluva and Perumbavooras Ordinary moffusil service. The major portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2180 with proposed set of timings. Item No.05 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2166 on the route Perumbavoor- Ernakulam Jetty via Aluva and Kalamassery as Ordinary moffusil service. The entire portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2166 with proposed set of timings. Item No.06 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2175 on the route Perumbavoor- Ernakulam Jetty via Aluva and Kalamassery as Ordinary moffusil service. The entire portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2175 with proposed set of timings. Item No.07 Heard; the learned counsel represented the STU, the applicant. This is the application for the grant of fresh regular permit in respect of stage carriage KL-15-A-2179 on the route Kothamangalam- Ernakulam Jetty via Aluva and Kalamassery as Ordinary moffusil service. The major portion of the proposed route is overlaps notified routes and the applicant is the beneficiary of the notified schemes. Age of the offered stage carriage is within the limit prescribed by the STA. Therefore proposed regular permit is granted to stage Carriage KL-15-A-2179 with proposed set of timings. Item No.08 Heard;Adv.G.Prabhakaran, the learned counsel represented the applicant Sri.Sanesh.A.S.This is the application for the grant of fresh regular permit on the route Ezhattumugham- Angamaly- Chully- Chalakkudy Private Stand as Ordinary moffusil service. This authority initially on 17/08/2016 considered the application and rejected the same on various finding especially on the findings that the applicant is not financially sound to maintain a stage carriage service and the proposed route is objectionably overlaps Trivandrum-Palakkad and Trivandrum- Kannur notified routes published vide GO(P) No.42/2009/Tran dtd 14/07/2009. Thereafter in the earlier sitting held on 15/07/2017, considered the application afresh in the light of judgment of Hon’ble STAT in MVARP No.133/2016 adjourned decision with direction to the Secretary of the Regional Transport Authority to obtain route enquiry report from Secretary RTA Thrissur for ascertaining the actual overlapping on notified route in Thrissur district and the Secretary RTA was also directed to ascertain the financial stability of the applicant. In addition to the above,this authority directed the applicant to furnish a new time schedule in accordance with the provisions of speed and running time. Now, on request , the Secretary RTA Thrissur has submitted a detailed route enquiry report with regard to the portion lying under the jurisdiction of RTA Thrissur and the Secretary RTA has furnished a report ascertaining the financial stability of the applicant to maintain stage carriage service. But the applicant has not submitted a new time schedule as directed by this authority. This authority considered the application for the grant of regular permit in view of the route enquiry report furnished by the Secretary RTA Thrissur, the Secretary RTA Ernakulam and the certificate issued by the Mattoor Village officer with regard to the Annual income of the applicant and reveals the following. 1. The proposed route is having route length of 95.6 km,in which15.3 km is lying under the jurisdiction of Regional Transport Authority Thrissur as per the report of the Secretary RTA, Thrissur. As per the report of route enquiry officer the Secretary RTA Ernakulam,79.5 km of the proposed route is lying under the jurisdiction of the RTA Ernakulam. 2. As per the route enquiry reports, the following portions of the proposed route are overlapping on notified routes published vide GO(P) No.42/2009/Tran dtd 14/07/2009 ,which is further modified by GO(P) No.08/2017/Tran dtd 23/03/2017. A.Portion of the proposed route from Muringoor Kappela to Chalakkudy South Jn which is for a distance of 2.5 km . B.Portion from Chalakkudy South Jn to Chalakkudy South Stand via Civil Station Signal Jn and Old NH Road which is for a distance of 600 meter. C.Portion from Angamaly Bank Jn to Angamaly Bus Stand for a distance of 1.9 km. D.Therefore Total Overlapping on notified route is 5km. 3. As per Clause5[C] of the Notification No.42/2009/Tran dtd 14/07/2009 and Notification No.08/2017/Tran dtd 23/03/2017, it is very clearly specified that permits can be granted to private operators on other routes permitting them to overlap 5 kilometre or 5% of the length of their own routes, whichever is less on the notified routes, for the purpose of intersection. In this case, the proposed route is having length of 95.6 km and the permissible overlapping is 4.78 km .But here, the reported overlapping is 5km [3.1 km in Thrissur Dist + 1.9 km in Ernakulam Dist], which is beyond the permissible limit. 4. As per the Income Certificate issued by the Mattoor Village Officer, the applicant is financially stable for maintain a stage carriage service. On consideration of above factors, this authority felt that the proposed route is objectionably overlaps notified route listed in the GO(P) No.42/2009/Tran dtd 14/07/2009 and GO(P) No.08/2017/Tran dtd 23/03/2017. If the proposed permit is granted, it will clear violation of Clause [5]C of the above notifications, Connected judgments of Hon’ble Supreme Court of India and Hon’ble High Court of Kerala and Scheme of nationalization.The learned counsel represented the applicant has also admitted the violation of scheme of nationalization. In view of the afore said circumstances of legal impediments, the application for the grant of regular permit is hereby rejected. Item No.09 Heard; Adv.Jithesh Menon,the learned Counsel represented the applicant Sri.Shagin. This is the application for the grant of fresh regular permit in respect of a suitable stage carriage on the route North Parur- Vyttila Hub as Ordinary moffusil service. The proposed route is an intra district route having route length of 25.8 km .The proposed route will not objectionably overlaps notified routes published vide GO(P) No.42/2009/Tran dtd 14/07/2009 and GO(P) No.08/2017/Tran dtd 23/03/2017.This authority in its earlier sitting held on 22/12/2015, considered the application and adjourned decision with direction to the applicant to offer a suitable stage carriage not older than five years considering the aspect of Road Safety of public.