1 RTA MALAPPURAM – 11.07.2016 Decision of Regional Transport Authority (RTA), Malappuram Meeting held on 11.07.2016 at Collectorate Conference Hall, Malappuram at 10.30.a.m. Present: 1. Sri. S. Venkatesapathy IAS, District Collector; Chairman of RTA, Malappuram. 2. Sri. Debesh Kumar Behera IPS, District Police Chief & Member, RTA 3. Sri. Shaji Joseph, Deputy Transport Commissioner (C Z 1); Member, RTA Item No. 1 This is an application for fresh stage carriage permit to operate on the route Vengara – Perumparamba – Kottakkal (via) Kuttaloor, Cheerattuparamba, Karathoode, VyavasayaKendram and Chungum, Karathode MLA Padi, Thayyilakadavu Palam, Moolapparmba, Musiliyarangadi, Othukkungal and Cherukunnu as Ordinary Service. RTA held on 21.05.2015 in item no. 37 has considered the matter and the decision on the application was adjourned for want of fitness certificate for the specified virgin portion in the report of route enquiry officer. Secretary RTA, has submitted that this authority held on 29.09.2015 in item no. 10 has granted a fresh stage carriage on the route mentioned as virgin portion in the report of route enquiry officer and the stage carriage KL 10 AE 608 is operating through this route at present. In this circumstance, this application for fresh stage carriage permit has been reconsidered by this authority and perused relevant records and heard the learned counsel appeared for the applicant. As per the report of the enquiry officer, the route is intra district and does not overlap with the notified portion. He has also stated that the route passes through ill-served areas and the issuance of a fresh stage carriage permit on this route will be beneficial to the travelling public. Considered the representations and objections raised by other en-route operators as per law. Objections on proposed timings, if any, can be raised and settled during settlement of timings. In the light of the above facts and findings this authority feels that there is no legal impediment to grant a regular stage carriage permit on the proposed route. Hence regular stage carriage permit on the route mentioned in the application is granted to a suitable stage carriage owned by the applicant, subject to settlement of timings in accordance with Order No.D3/875/05 of STA dtd 08/11/2011 and production of current records of the vehicle within thirty days of communication of this decision as stipulated under Rule 159[2] of KMV Rules 1989 failing which the grant of the regular permit will be treated as revoked without further notice. This authority is of the view that the request for extension of time should not be entertained for the production of stage carriage under any circumstances. Item No. 2 Heard the learned counsel for the applicant and objectors. Sd/- Sd/- Sd/- Chairman Member 1 – Member 2 2 RTA MALAPPURAM – 11.07.2016 This is a request submitted by the grantee of the regular fresh stage carriage permit on the route Thelpara Colony – Manjeri via. Thelppara, Chulliyode, Pookkoottumpadam, Chokkad, Kallamoola, Koorad, Thachancode, Vaniyambalam, Wandoor, Eriyad, Elankur, Anchachavadi, Kalikavu, Amarambalam – halt at Kalikavu as ordinary service to accept the current records of the vehicle KL 54 2354 and endorse the permit after seven months of dispatch of the decision of RTA. This authority has considered the application in detail and perused all relevant records submitted by the applicant and objectors and revels the following: The application for a fresh regular stage carriage permit on the above mentioned route submitted by the applicant was considered by this authority held on 21.05.2015 in item no. 42 and granted the same subject to the condition that the applicant has to produce the current records of a suitable vehicle within one month from the date of communication of the decision, failing which the grant of the regular permit will be treated as revoked without further notice and also subject to settlement of timings in compliance with the order no D3/875/STA/2005 dated 08/11/2011 of STA regarding running time. In obedience to the decision of this authority, Secretary RTA has issued the proceedings and the same was communicated to the grantee of the permit on 24.08.2015. In response to the decision of RTA, he has submitted a letter to allow maximum time as per rule 159 of KMVR on 22.09.2015 before the Secretary, RTA, Malappuram. Further, on 29.03.2016 he has submitted another request for endorsing the granted permit to his stage carriage KL 54 2354. However the grantee of the permit failed to produce the vehicle even after one month of communication of decision to him. This authority has considered and discussed various aspects of this request and is of the unanimous opinion that the applicant has violated all the conditions stipulated by this authority while granting the permit and the provisions contained in Rule 159 of KMVR 1989. The reasons contained in the application submitted by the grantee of the permit cannot be entertained in any grounds. Hence the application submitted by the grantee of the permit to endorse the permit to his stage carriage KL 54 2354 by condone the delay occurred in the production of a suitable stage carriage for endorsing the granted permit is rejected and the decision taken by the RTA held on 21.05.2015 in item no. 42 has been revoked. Item No. 3 Heard the learned counsel for the applicant and objectors. This is to re-consider the application for fresh stage carriage permit to operate on the route Pandikkad – Perinthalmanna with Pandikkad – Chemmanthatta 4 single trips and halt at Chemmanthatta and Perinthalmanna – Mulliakurissi 4 single trips via Oravamburam, Thottappaya, Arikkandampakk, Poonathanam, Pattikkad Rly Gate and Pattikkad Chunkam as ordinary service. Sd/- Sd/- Sd/- Chairman Member 1 – Member 2 3 RTA MALAPPURAM – 11.07.2016 This authority has considered the application and perused the documents in detail; considered the arguments of the applicant and objectors; examined the report of the route enquiry officer in detail and reveals the following: This application was previously considered by the RTA held on 21.05.2014 and adjourned the decision on the application with a direction to the Secretary, RTA to modify the time schedule with more number of trips to ill-served areas Mulliakurissi and Chemmanthatta and present before the next RTA. Secretary, in consultation with the applicant has modified the time schedule and the same was endorsed by the Motor Vehicle Inspector. As per the revised time schedule, no additional trips are included to the ill-served portion Mulliakkurissi and this authority is of the opinion that Secretary, RTA has not complied the direction of this authority. In this circumstance, this authority is not in a position to take a proper approach to this application. Hence this authority directs the Secretary, RTA to modify the time schedule in consultation with the applicant by including two more trips during peak hours to Mulliakkurissi and submit before this authority for further consideration. Decision on this application is adjourned. Item No. 4 Heard the learned counsel for the applicant and objectors. This is to re-consider the application for fresh S/C permit to operate on the route Kozhikkode Palayam Stand – Adakkakundu (via) Mofussil Bus Stand, Medical College, Mavoor, Cheruvadi, Areacode, Pannippara, Edavanna, Thiruvali, Wandoor, Vaniyambalam, Anchachavadi, Kalikavu and Chenkode as OS This authority has considered the application and perused the documents in detail; considered the arguments of the applicant and objectors; examined the report of the route enquiry officer in detail and reveals the following: The applicant intends to operate as a Limited Stop Ordinary Service (LSOS) on the above said route and this application was considered by the RTA held on 29.09.2015 in Item no. 22 and the decision was adjourned by directing the Secretary, RTA to obtain a modified application from the applicant as ordinary service and also to obtain concurrence from Sister RTA, Kozhikkode. However, the applicant has produced a request for reconsideration of the matter as Ordinary Service and grant the permit with a counter signature from Sister RTA, Kozhikkode. This authority has examined the modified proposal submitted by the applicant. As per the report of the enquiry officer, the total route length is 77.4 Kms, out of which 30.6 Kms lies in Kozhikkode District. It is once again ascertained that a concurrence from Sister RTA Kozhikkode is essential to proceed further in this application. So, the request for granting the permit subject to counter signature from Sister RTA, Kozhikkode is rejected. Further, as per the report of route enquiry officer, there is no direct bus service on the route Adakkakunde – Sd/- Sd/- Sd/- Chairman Member 1 – Member 2 4 RTA MALAPPURAM – 11.07.2016 Kozhikkode; this authority is of the view that more number of trips are required to Adakkakunde from Kozhikkode for the benefit of travelling public. Hence this authority directs Secretary, RTA to: 1) Obtain a modified application with one more trips to Adakkakunde during peak hours in consultation with the applicant. 2) Seek concurrence from Sister RTA Kozhikkode for the modified application and place before this authority for further consideration. Hence decision on this application is adjourned. Item No. 5 Heard the learned counsel for the applicant and objectors. This is to re-consider the application for fresh S/C permit to operate on the route Manjeri – Kizhisseri- Edavannappara (via) Pookkolathur, Thrippanachi, Kizhisseri and Mundackal as ordinary service. This authority has considered the application and perused the documents in detail; considered the arguments of the applicant and objectors; examined the report of the route enquiry officer and reveals the following: The application was previously considered by the RTA, Malappuram on 29.09.2015 and the decision on the application was adjourned with a direction to the Secretary, RTA to modify the application with more number of trips to Edavannappara.