1 Minutes of Regional Transport Authority, Malappuram Held on 10

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1 Minutes of Regional Transport Authority, Malappuram Held on 10 Minutes – RTA Malappuram 10.07.2019 Minutes of Regional Transport Authority, Malappuram Held on 10 July 2019 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 Item No.1 Heard. 1. This is an application for a fresh regular stage carriage permit on the intra-district route, Thuruvanamkunnu – Puthapalli – Pazhanjippalam – Changaramkulam – Kundukadavu Palam – Veliyamkode – Vadamuck School – Adhikarippadi (All trips from Thuruvanamkunnu via. Marancheri Marcket) – Mukkala School – M.G. Road – Kothamuck – Kallelappedika – Para – Changaramkulam – Naranippuzha – Pazhanjippalam – Maramuttam - Palappetty as Ordinary Service. 2. An enquiry on the application was conducted through Motor Vehicle Inspector, Sub-Regional Transport Office, Ponnani. As per the report of the Motor Vehicle Inspector, This is an intra- district route with total route length 31.4 Kms and there is virgin portion from Adhikarippadi to Thuruvanamkunnu-4.3 Kms and also from Mukkala School to M. G. Road- 1.9 Kms. Thus there is a total virgin portion of 6.2 Kms. He has further reported that the fare stages for the virgin portions were already been fixed. Further, there is an overlapping of 1.3 Kms with notified sector. In the following portions of the route the proposed route overlaps with notified sectors as per published vide GO(P) No.42/2009/Tran dtd 14/07/2009 and GO(P) No. 08/2017/ Tran dtd 23/03/2017 Adhikarippadi to Mukkala School 0.2 Kms Adhikarappadi to Marancherry town 0.7 Kms Para – Puthenpalli 0.3 Kms Eramangalam – Junction 0.1 Kms Which are not objectionable. Motor Vehicle Inspector has described the frequency of present stage carriage operation as: No stage carriage bus service in the following sectors of the Thuruvanamkunnu – Puthenpalli Thuruvanamkunne – Eramangalam Thuruvanamkunne – Pazhanjippalam There is stage carriage service in 15-20 Minutes frequency in following sectors: Eramangalam – Changaramkulam Kundukadavupalam – Puthanpalli 1 Minutes – RTA Malappuram 10.07.2019 Eramangalam – Kundekadavupalam There is stage carriage service in 30 Minutes frequency in following sectors: Puthanpalli – Veliyamkode No bus service from Veliyankode to Puthanpalli after 5.40 p.m. He has further reported that since most of the proposed route is through virgin portion and areas in which stage carriage operation is very less, an analysis could not be done on the passenger load. However the concluding remarks of the reports are as follows: this is an intra-district route with virgin portion; Road construction in the virgin portion is still going on; and also since the route is through interior and remote areas with sharp bend and curves, approval can only be given to LMV stage carriages. 3. Since there is virgin portion, a road fitness certificate has been obtained from the Asst. Engineer, LSGD Section, Marancherry Gramapanchayath. As per the report, the said roads are fit for traffic purpose under normal weather conditions; however the bund road starting from Vadamuck Sub-Center to Thuruvanam was not fit for traffic purpose due to work. There is also no mentioning on the capacity of the road to occupy stage carriage service. 4. This authority has also considered the representations submitted by the Marancherry Grama Panchayath; Dr. Bin’s Ayurveda Hospital; The Head Mistress, AMLP School, Vadamukke and also a mass petition submitted and signed by 94 people specifying the need to grant the permit. There were many objections raised against the grant of this permit. Major contentions of the objectors were with respect to the fitness of the road and also the need of concurrence from the Sister Regional Transport Authority, Thrissur. However the Route Enquiry Officer has reported that the route is intra-district and covers only Malappuram District and hence the objections with respect to the concurrence were overruled. 5. However the objections with respect to the condition of the road are found sustainable. This authority has also considered the relevant Sections, especially Section 70, 71 and 72 of the Act and also the Kerala rules framed thereunder. This authority is of the view that the condition of the road has a direct impact on the safety aspect of passengers and the same has to be considered with adequate importance while granting a stage carriage permit. Hon. Supreme Court of India in Mithilesh Garg’s case (AIR 1992 SC 443) has clearly pointed out that the Regional Transport Authority is bound to take into consideration the important factors, such as condition of the roads etc. In this case, the route enquiry officer has pointed out that the road is having full of curves and bends and sanction can only be granted to LMV stage carriages. This authority has no mandate to restrict the class of the stage carriage as LMV. Moreover the Asst. Engineer, LSGD has also reported on the poor condition of portion of the road, which is not fit even for traffic purpose. 2 Minutes – RTA Malappuram 10.07.2019 In these circumstances, considering the condition of road as specified in the report of the Route Enquiry Officer and also as stated in the report on road fitness, we are not convinced that the road is fir for the usage of stage carriages under normal weather conditions. Hence application for fresh stage carriage permit is rejected. Item No.2 This is to consider the application for regular Stage Carriage permit to operate on the route Theyyala – Vailathur – Pookiparambu via. Parapparappuram, Arakkal as Ordinary Service. An enquiry on the application was conducted through Motor Vehicle Inspector, Sub-Regional Transport Office, Tirur. He has reported that the route is an intra-district route with a route length of 13.6 Kms. There is no virgin portion and there is no overlapping with notified route. Fare stages were already been fixed and the frequency of stage carriage operation on the rotue Theyyala – Vailathur is about one hour. He has also reported that there is passenger load and standing passengers in buses in the morning, especially students and also that the present stage carriage operation is not adequate to meet the travelling needs of the travelling public of the area. This authority has considered the application, the report of the Route Enquiry Officer and connected files in detail. There were objections from other en-route operators including from KSRTC with respect to the proposed timings. We have also considered the objections as per law. Thus, we are of the common view that there is no legal impediment in granting the regular permit as sought by the applicant. Therefore fresh 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.3 This is to consider the application for regular Stage Carriage permit to operate on the route Tirur – Chemmad – Parappanangadi via. Vailathur, Kodinhi, Meenadathur, ozhur, Pandimuttam, Cherumuck as Ordinary Service. An enquiry on the application was conducted through Motor Vehicle Inspector, Sub-Regional Transport Office, Tirur. This is an intra-district route with route length 68.1 Kms. There is no virgin portion and no overlapping with notified sector. Fare stages on the route were already been fixed. The frequency of present stage 3 Minutes – RTA Malappuram 10.07.2019 carriage operation on the proposed route as per the report is 30 Minutes on Tirur – Theyyala – Chemmad – Parappanangadi route. Regarding the passenger load he has reported that there are standing passengers in buses on the proposed route in the morning and evening, especially students. There were objections from other en-route operators including from KSRTC with respect to the proposed timings. We have also considered the objections as per law. Thus, we are of the common view that there is no legal impediment in granting the regular permit as sought by the applicant. Therefore fresh 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.4 This is to consider the application for regular Stage Carriage permit to operate on the route Nadakkavu – Naripparamba – Edappal – Kolalamb – Kuttippuram – Thirur via. Kalady, Parappuram, Thandilam, Pothannur, Polparara, Thattanpadi, Old Block, Edappal, Naduvattam, Pookarathara, Maravancherry, Hilltop, Thavanoor Road Junction, Kuttippuram, Chembi, Thirunavaya, Kodakkal, Karathuur, B P Angadi, Thazhepalam, Aalathiyur, Thuprangode as Ordinary Service This is an application for a fresh regular stage carriage permit on the above intra district route. An enquiry on the application was conducted through Motor Vehicle Inspector, Sub-Regional Transport Office, Ponnani. As per the report, this is an intra-district route with route length 59.5 Kms.
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