DECISION OF RTA ERNAKULAM HELD ON 28 10 2021 .pdf

Minutes of the Meeting of Regional Transport

Authority ,Ernakulam held on 28/10/2021

Present: Chairman

Sri.Jafar Malik I.A.S, District Collector,Ernakulam

Members:

1.Sri.K.Karthik I.P.S,District Police Chief,Ernakulam Rural,Aluva

2.Sri.Shaji Madhavan,Deputy Transport Commissioner,CZ-

II,Ernakulam

Item No.01

Heard. This is the application for the grant of fresh intra district regular

permit on the route Elanthikkara-North Paravur-Vyttila Hub as ordinary

moffusil service.This authority considered the application in detail.Route

enquiry officer reported that Elanathikkara,Kanakkankadavu,Kuthiyathode

sector is ill served one, with an average time gap of 20-35 minutes. The

proposed route will not objectionable overlaps notified routes published vide

GO(P) No.42/2009/Tran dtd 14/07/2009 which is further amended by

GO(P) No.08/2017/Tran dtd 23/03/2017.But this route touching Aluva-

Vadakkumpuram Complete exclusion scheme only for Crossing at Vedimara

Jn and it is an inevitable overlapping. Several objections have been received

against the grant of proposed route stating that the route is well served and

there is no requirement for the further permit. But the objection cannot be

sustainable since as per Motor Vehicles Act-1988 , permit cannot be denied

to anyone on the applied route ,if there is no legal impediment.

Therefore, the regular permit is granted in favour of Sri.Binoy on the

applied route Elanthikkara-North Paravur-Vyttila Hub in respect of his

suitable stage carriage with seating capacity not less than 33 in all, subject

to settlement of timings on production of records of the vehicle within the

time limit specified U/R 159[2] of KMV Rules-1989.

Item No.02

Heard;. This authority considered the application for the grant of fresh intra

district regular permit on the route Munambam-North Parur-High Court Jn

as ordinary moffusil service in respect of suitable stage carriage with seating

capacity not less than 33 in all.The proposed route will not objectionably

overlaps notified route 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. Therefore, there is no legal impediments for the grant of

proposed regular permit. Several objections have been received against the

grant of proposed route stating that the route is well served and there is no

requirement for the further permit. But the objection cannot be sustainable

since as per Motor Vehicles Act-1988 , permit cannot be denied to anyone

on the applied route ,if there is no legal impediment.

Therefore,the regular permit is granted in favour of Sri.Siya P S in

respect of suitable stage carriage with seating capacity not less than 33 in

all, subject to settlement of timings and production of records of the vehicle

within the time stipulated U/R 159[2] of KMV Rules-1989.

Item No.03

Heard;. This authority considered the application for the grant of fresh intra

district regular permit on the route Moothakkunnam-North Parur-High

Court Jn in the vacant timings of Stage Carriage KL-23-E-3831 as ordinary

moffusil service in respect of suitable stage carriage with seating capacity

not less than 33 in all.The proposed route will not objectionably overlaps

notified route 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.

Therefore,there is no legal impediments for the grant of proposed regular

permit. Several objections have been received against the grant of proposed

route stating that the route is well served and there is no requirement for

the further permit. But the objection cannot be sustainable since as per

Motor Vehicles Act-1988 , permit cannot be denied to anyone on the applied

route ,if there is no legal impediment.

Therefore,the regular permit is granted in favour of Sri.Sarin D

Valooran in respect of suitable stage carriage with seating capacity not less

than 33 in all, subject to settlement of timings and production of records of

the vehicle within the time stipulated U/R 159[2] of KMV Rules-1989.

Item No.04

Heard.Perused the Judgment of Hon`ble High Court of Kerala in WPC No

6067 of 2021 dated 31/03/2021.This is the application for the grant of fresh

intra district regular permit on the route Vyttila Hub- North Parur as

ordinary moffusil service.This authority considered the application in detail.

The proposed route will not objectionably overlaps notified routes published

vide GO(P) No.42/2009/Tran dtd 14/07/2009 which is further amended by

GO(P) No.08/2017/Tran dtd 23/03/2017.Several objections have been

received against the grant of proposed route stating that the route is well

served and there is no requirement for the further permit. But the objection

cannot be sustainable since as per Motor Vehicles Act-1988 , permit cannot

be denied to anyone on the applied route ,if there is no legal impediment.

Therefore, the regular permit is granted in favour of Smt.Sainaba on

the applied route Vyttila Hub- North Parur in respect of his suitable stage

carriage with seating capacity not less than 33 in all, subject to settlement

of timings and production of records of the vehicle within the time limit

specified U/R 159[2] of KMV Rules-1989.

Item No.05

Heard.Perused the Judgment of Hon`ble High Court of Kerala in WPC No

19806 of 2021 dated 05/10/2021.This is the application for the grant of

fresh intra district regular permit on the route Vyttila Hub- North Parur as

ordinary moffusil service.This application was considered by this authority

through circulation for perusing the order of Hon`ble High Court of Kerala in

WPC No 7562 of 2021 and adjourned on the ground that “an opportunity can

be given for other en-route operators for filing objections and the same can

also be heard and considered as per the Judgment.Hence adjourned”.

This authority re-considered the application in detail for complying

the Judgment of Hon`ble High Court of Kerala in WPC No 19806 of 2021

dated 05/10/2021. The proposed route will not objectionably overlaps

notified routes published vide GO(P) No.42/2009/Tran dtd 14/07/2009

which is further amended by GO(P) No.08/2017/Tran dtd

23/03/2017.Several objections have been received against the grant of

proposed route stating that the route is well served and there is no




Therefore, the regular permit is granted in favour of Sri.Ramees

Mohammed on the applied route Vyttila Hub- North Parur in respect of his

suitable stage carriage with seating capacity not less than 33 in all, subject

to settlement of timings on production of records of the vehicle within the

time limit specified U/R 159[2] of KMV Rules-1989.

Item No.06

Heard. This authority considered the application for the grant of fresh intra

district regular permit on the route Pooyappilly-North Parur-Vyttila Hub as

ordinary moffusil service in respect of suitable stage carriage with seating




23/03/2017. Therefore,there is no legal impediments for the grant of






Therefore,the regular permit is granted in favour of Sri.Mineesh M P in




Item No.07

Heard. This authority considered the application for the grant of fresh intra

district regular permit on the route Kaninad-CEPZ-Kalamassery HMT Jn as

ordinary moffusil service in respect of suitable stage carriage with seating




23/03/2017. Therefore,there is no legal impediments for the grant of






Therefore,the regular permit is granted in favour of Sri.Koyakkutty in




Item No.08

1.Heard. This is the application for the grant of fresh regular permit in

respect of stage carriage KL-33-2579 (Old vehicle No KL-05-M-3982) on the

route Piravom - Kaloor via Thiruvaniyoor,Vandippetta,Vennikkulam,

Sasthamughal,Thiruvankulam,Karinghachira,S.N Jn, Puthiya Road, Petta

Jn ,Vyttila and MG Road as ordinary moffusil service. This application is

filed in the light of GO(P) No.05/2017/Tran dtd 21/02/2017 for converting

the existing temporary permits with existing settled set of timings as

specified under Clause[4] of the above said Ernakulam- Muvattupuzha

modified scheme.

This authority in its earlier sitting held on 17/05/2017,vide item no

20,considered the application in detail in the light of GO(P)

No.05/2017/Tran published vide S.R.O No.93/2017 dtd 21/02/2017 and

adjourned for reason that “ the applicant had preferred route with same

termini,but the way of travel is modified so as to touching Trippunithura

,avoiding existing service in between Karinghachira and Pettah Via Puthiya

road and S.N Jn.In this case existing operational route and proposed route in

the application is different .Moreover the proposed route via Trippunithura will

defeat the interest of State Transport undertaking and will fell the STU in

huge revenue loss.Hence adjourned”.

Now the applicant has desired to convert the temporary permit as

Regular permit on the very same route,without touching Trippunithura.

This authority reconsidered the application in detail in the light of

GO(P) No 05/2017/Tran dated 21/02/2017.As per clause [4] of the above

said notification,the Government of Kerala has ordered that “the Temporary

permit in the Annexure will also be permitted to operate and they will be

permitted to convert their permits as Regular permit”.

Therefore in the light of GO(P) No.05/2017/Tran dtd 21/02/2017,

this authority hereby regularized and converting temporary permit in

respect of stage carriage KL-33-2579 on the route Piravom - Kaloor via

Thiruvaniyoor,Vandippetta,Vennikkulam, Sasthamughal,Thiruvankulam,

Karinghachira, S.N Jn Puthiya Road, Petta Jn ,Vyttila and MG Road as

ordinary moffusil service as regular permit with existing settled set of time

schedule.

2.The Secretary RTA is directed to issue regular permit with existing settled

time schedule on production of current records of the vehicle within the time

limit specified U/R 159[2] of KMV Rules-1989.

Item No.09


respect of stage carriage KL-17-E-9097 on the route Vattappara-Kaloor Via

Thirumarayoor, Veliyanad, Peppathy, Mulamthuruthy, Chottanikkara,

Thiruvankulam,Karingachira,S.N Jn,Puthiya Road,Petta Jn,Vyttila,

Kadavanthra and M G Road as ordinary moffusil service. This application is




modified scheme.


















Therefore in the light of G.O(P) No.05/2017/Tran dtd 21/02/2017,


respect of stage carriage KL-17-E-9097 on the route Vattappara-Kaloor Via

Thirumarayoor, Veliyanad, Peppathy, Mulamthuruthy, Chottanikkara,

Thiruvankulam,Karingachira,S.N Jn,Puthiya Road,Petta Jn,Vyttila,

Kadavanthra and M G Road as ordinary moffusil service as regular permit

with existing settled set of time schedule.




Item No.10


respect of stage carriage KL-17-E-8282 on the route Kaloor-Koothattukulam

Via M G Road,Vyttila,Petta,Puthiya Road,SN Jn,Thiruvankulam,

Chottanikkara, Mulamthuruthy, Peppathy, Piravom, Anchelpetty and

Thirumarady as ordinary moffusil service. This application is filed in the

light of GO(P) No.05/2017/Tran dtd 21/02/2017 for converting the existing

temporary permits with existing settled set of timings as specified under

Clause[4] of the above said Ernakulam- Muvattupuzha modified scheme.

Consequent to the death of previous Registered owner ,Sri.Chacko, of

Stage Carriage KL-17-E-8282 , the successor , Smt.Alice Chacko, had

applied for Transfer of Ownership.This Authority held on 01/02/2020,vide

item no 55, allowed to operate service the successor,Smt.Alice Chacko, of

the deceased Registered owner after effecting Transfer of Ownership

.Accordingly Smt.Alice Chacko is conducting service on the above route.




















respect of stage carriage KL-17-E-8282 on the route Kaloor-Koothattukulam

Via M G Road, Vyttila,Petta,Puthiya Road,SN Jn,Thiruvankulam,

Chottanikkara, Mulamthuruthy, Peppathy, Piravom, Anchelpetty and

Thirumarady as ordinary moffusil service as regular permit with existing

settled set of time schedule.




Item No.11


respect of stage carriage KL-07-AT-3816 on the route Piravom-Kaloor Via

Kalamboor,Thirumarayoor,Veliyanad,Peppathy,Arakkunnam,Mulamthuruth

y ,Chottanikkara,Thiruvankulam,Karingachira,Irimpanam Jn(Puthiya Road

Jn/Vilakku Jn),Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary

moffusil service. This application is filed in the light of GO(P)

No.05/2017/Tran dtd 21/02/2017 for converting the existing temporary

permits with existing settled set of timings as specified under Clause[4] of

the above said Ernakulam- Muvattupuzha modified scheme.




















respect of stage carriage KL-07-AT-3816 on the route Piravom-Kaloor Via

Kalamboor,Thirumarayoor,Veliyanad,Peppathy,Arakkunnam,Mulamthuruth

y ,Chottanikkara,Thiruvankulam,Karingachira,Irimpanam Jn(Puthiya Road

Jn/Vilakku Jn),Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary

moffusil service as regular permit with existing settled set of time schedule.




Item No.12


respect of stage carriage KL-05-Y-2181 on the route Ramamangalam-Kaloor

Via Thiruvaniyoor, Meenpara, Vettikkal, Mulamthuruthy ,Chottanikkara,

Thiruvankulam, Karingachira,Puthiya Road,Vilakku Jn,SN Jn,Petta

Jn,Vyttila,Kadavanthra and M G Road as ordinary moffusil service. This

application is filed in the light of GO(P) No.05/2017/Tran dtd 21/02/2017

for converting the existing temporary permits with existing settled set of

timings as specified under Clause[4] of the above said Ernakulam-

Muvattupuzha modified scheme.




















respect of stage carriage KL-05-Y-2181 on the route Ramamangalam-Kaloor

Via Thiruvaniyoor, Meenpara, Vettikkal, Mulamthuruthy ,Chottanikkara,


Jn,Vyttila,Kadavanthra and M G Road as ordinary moffusil service as

regular permit with existing settled set of time schedule.




Item No.13


respect of stage carriage KL-05-AC-2801(Old Vehicle No KL-06-B-4032) on

the route Koothattukulam-Kaloor Via Thirumarady,Anchalpetty,Piravom,

Peppathy,Arakkunnam,Mulamthuruthy ,Chottanikkara, Thiruvankulam,

Karingachira,Puthiya Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G

Road as ordinary moffusil service. This application is filed in the light of

GO(P) No.05/2017/Tran dtd 21/02/2017 for converting the existing






















respect of stage carriage KL-05-AC-2801(Old Vehicle No KL-06-B-4032) on

the route Koothattukulam-Kaloor Via Thirumarady,Anchalpetty,Piravom,

Peppathy,Arakkunnam,Mulamthuruthy ,Chottanikkara, Thiruvankulam,

Karingachira,Puthiya Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G

Road as ordinary moffusil service as regular permit with existing settled set

of time schedule.




Item No.14


respect of stage carriage KL-40-A-9466 on the route Thalayolaparambu-

Kaloor Via Thalappara, Neerpara, Kanjiramattom, Mulamthuruthy

,Chottanikkara, Thiruvankulam, Karingachira,Puthiya Road,SN Jn,Petta






Consequent to the death of previous Registered owner ,Sri.Saji P V, of

Stage Carriage KL-40-A-9466 , the successor , Sri.Elias P V, had applied for

Transfer of Ownership.This Authority held on 22/12/2015 allowed to

operate service the successor,Sri.Elias P V, of the deceased Registered owner

after effecting Transfer of Ownership .Accordingly Sri.Elias P V is conducting

service on the above route.





















Kaloor Via Thalappara, Neerpara, Kanjiramattom, Mulamthuruthy ,

Chottanikkara , Thiruvankulam, Karingachira,Puthiya Road,SN Jn,Petta






Item No.15


respect of stage carriage KL-39-Q-2784 (Old vehicle no KL-07-AQ-2497) on

the route HPC Velloor-Kaloor Via Piravom, Mulamthuruthy ,Chottanikkara,


























respect of stage carriage KL-39-Q-2784 (Old vehicle no KL-07-AQ-2497) on

the route HPC Velloor-Kaloor Via Piravom, Mulamthuruthy ,Chottanikkara,







Item No.16


respect of stage carriage KL-39-J-9798 (Old vehicle no KL-39-C-0786) on the

route Thalayolaparambu-Kaloor Via Thalappara,Neerpara,Kanjiramattom,

Mulamthuruthy ,Chottanikkara, Thiruvankulam, Karingachira,Puthiya

Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary

moffusil service. This application is filed in the light of GO(P)

No.05/2017/Tran dtd 21/02/2017 for converting the existing temporary

permits with existing settled set of timings as specified under Clause[4] of

the above said Ernakulam- Muvattupuzha modified scheme.


9,considered the application in detail in the light of GO(P) No.05/2017/Tran

published vide S.R.O No.93/2017 dtd 21/02/2017 and adjourned for

reason that “ the applicant had preferred route with same termini,but the way

of travel is modified so as to touching Trippunithura ,avoiding existing service

in between Karinghachira and Pettah Via Puthiya road and S.N Jn.In this

case existing operational route and proposed route in the application is

different .Moreover the proposed route via Trippunithura will defeat the

interest of State Transport undertaking and will fell the STU in huge revenue

loss.Hence adjourned”.










respect of stage carriage KL-39-J-9798 (Old vehicle no KL-39-C-0786) on the

route Thalayolaparambu-Kaloor Via Thalappara,Neerpara,Kanjiramattom,

Mulamthuruthy ,Chottanikkara, Thiruvankulam, Karingachira,Puthiya

Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary

moffusil service as regular permit with existing settled set of time schedule.




Item No.17


respect of stage carriage KL-39-H-5950 on the route Koothattukulam-Kaloor

Via Piravom,Maneed,Thiruvaniyoor,Sasthamugal,Mamala, Thiruvankulam,

Karinghachira, Puthiya Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G

Road as ordinary moffusil service. This application is filed in the light of













huge revenue loss.Hence adjourned ”.










respect of stage carriage KL-39-H-5950 on the route Koothattukulam-Kaloor

Via Piravom,Maneed,Thiruvaniyoor,Sasthamugal,Mamala, Thiruvankulam,

Karinghachira, Puthiya Road,SN Jn,Petta Jn,Vyttila,Kadavanthra and M G

Road as ordinary moffusil service as regular permit with existing settled set

of time schedule.




Item No.18


respect of stage carriage KL-39-E-9786 on the route Thalayolaparambu-

Kaloor Via Thalappara,Neerpara,Kanjiramattom,Mulamthuruthy,

Chottanikkara, Thiruvankulam, Karinghachira, Puthiya Road,SN Jn,Petta

























respect of stage carriage KL-39-E-9786 on the route Thalayolaparambu-








Item No.19





Item No.20


respect of stage carriage KL-17-F-7577 on the route Piravom-Kaloor Via

Maneed,Sasthamugal, Thiruvankulam, Karinghachira, Puthiya Road,SN

Jn,Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary moffusil service.

This application is filed in the light of GO(P) No.05/2017/Tran dtd

21/02/2017 for converting the existing temporary permits with existing

settled set of timings as specified under Clause[4] of the above said

Ernakulam- Muvattupuzha modified scheme.





















Maneed,Sasthamugal, Thiruvankulam, Karinghachira, Puthiya Road,SN

Jn,Petta Jn,Vyttila,Kadavanthra and M G Road as ordinary moffusil service

as regular permit with existing settled set of time schedule.




Item No.21



Koorkavu,Memugham,Vettikal,Peppathy,Mulamthuruthy,Chottanikkara,

Thiruvankulam, Karinghachira, Puthiya Road,SN Jn,Petta Jn,Vyttila,

Kadavanthra and M G Road as ordinary moffusil service. This application is




modified scheme.





















Koorkavu,Memugham,Vettikal,Peppathy,Mulamthuruthy,Chottanikkara,

Thiruvankulam, Karinghachira, Puthiya Road,SN Jn,Petta Jn,Vyttila,

Kadavanthra and M G Road as ordinary moffusil service as regular permit

with existing settled set of time schedule.




Item No.22


respect of stage carriage KL-07-BT-7947 on the route Kothad Ferry-

Thiruvaniyoor Via Chittoor,Kacheripady,Menaka,Jetty,Vyttila,Petta,S.N Jn,

Puthiya Road,Karinghachira,Thiruvankulam,Chottanikkara and Vettikkal

OEN as ordinary moffusil service. This application is filed in the light of























respect of stage carriage KL-07-BT-7947 on the route Kothad Ferry-

Thiruvaniyoor Via Chittoor,Kacheripady,Menaka,Jetty,Vyttila,Petta,S.N Jn,

Puthiya Road,Karinghachira,Thiruvankulam,Chottanikkara and Vettikkal

OEN as ordinary moffusil service as regular permit with existing settled set

of time schedule.




Item No.23


respect of stage carriage KL-06-C-8962 on the route Edakkattuvayal-

Kalamassery Via Chottanikkara, Thiruvankulam, Karinghachira, Puthiya

Road,SN Jn,Petta Jn,Vyttila, Kadavanthra,M G Road,Kaloor and

Palarivattom as ordinary moffusil service. This application is filed in the

light of GO(P) No.05/2017/Tran dtd 21/02/2017 for converting the existing






















respect of stage carriage KL-06-C-8962 on the route Edakkattuvayal-

Kalamassery Via Chottanikkara, Thiruvankulam, Karinghachira, Puthiya

Road,SN Jn,Petta Jn,Vyttila, Kadavanthra,M G Road,Kaloor and

Palarivattom as ordinary moffusil service as regular permit with existing

settled set of time schedule.




Item No.24

1. Perused the judgment of Hon’ble STAT in MVAA No.103/2020 Dated

18/09/2020

2.Heard;the learned counsel represented the applicant and the Counsel

represented the KSRTC. This is the application for variation of regular

permit in respect of stage carriage KL-07-AZ-1576 operating on the route

Aluva-South Chittoor Temple as Ordinary Moffusil service. By the proposed

variation, the permit holder is desired to vary the permit so as to operate as

Aluva-South Chittoor Temple with extension from Kunnumpuram to Vyttila.


20, considered the application and rejected on the ground that the proposed

variation will adversely affect the existing passengers .The said decision of

the RTA was challenged by the applicant before the Hon’ble STAT in MVAA

No 103/2020.As per the Judgment dated 18/09/2021,the Hon`ble court set

aside the decision of RTA and directed RTA to reconsider the application for

variation afresh on merits and pass orders in accordance with law after

hearing both sides.

In complying the Judgment of Hon`ble STAT,this authority heard the

learned counsel appeared for the applicant and reconsidered the application

in the light of enquiry report furnished by the filed officer, objection filed by

the public and connected file and revealed that that

By the proposed variation,the applicant is desired to vary the permit

so as to curtail trips to South Chittoor so as to extend service to Vyttila Hub

. The enquiry officer has reported that the proposed curtailments 3 out of 4

to South Chittoor and Curtailment of night trips and shuffling of time

schedule will adversely affect the existing passengers. Objections have been

received from the President,Cheranellore Grama Panchayath against the

curtailment of trips . On perusal of the file and proposed time schedule, this

authority felt that the objection raised by the public is genuine and the

curtailment of trips will adversely affect the general public. Interest of the

public is the main factor for the grant of a variation on existing regular

permit. The existing benefits enjoyed by the public shall not be deprived of

consequent to the variation of the permit. Hence curtailment of existing trips

cannot be allowed. Moreover there is no necessity under rule 145(6)

warranting for the grant of proposed variation.

This authority also feels that the sector Kunnumpuram to Vyttila Hub

via Edappally By pass is very well served sector and hence consequence of

curtailment of trips is much higher than the proposed extension .The

difficulties to be faced by the travelling public consequent to the proposed

curtailment will outweigh the advantages offered by the proposed extension

to Vyttila Hub. It cannot be allowed.

In view of the aforesaid fact and circumstances, the application for the

variation of permit is hereby rejected.

Item No.25

1.Perused the judgment of Hon’ble STAT in MVAA No.262/2014 Dated

22/07/2019


represented the KSRTC and objectors. This is the application for variation of

regular permit in respect of stage carriage KL-07-AV-910 operating on the

route Fortkochi-W.Island-Kumbalanghy as Ordinary city service. By the

proposed variation, the permit holder is desired to vary the permit so as to

operate trips as KMP Nagar-Fortkochi except the first trip which as at

present as Fortkochi-W Island and curtail all trips from Kumbalanghi

Panchayath to Kallanchery.


99, and on 05/08/2014,vide item no 15, considered the application and

rejected on the ground that the curtailment is against the public interest

.The said decision of the RTA was challenged by the applicant before the

Hon’ble STAT in MVAA No 262/2014.As per the Judgment dated

22/07/2019,the Hon`ble court “set aside the decision of RTA and directed

RTA to reconsider the application for variation and pass orders in

accordance with law and also directed to grant variation sought,if there is no

legal impediments”.

In complying the Judgment of Hon`ble STAT,this authority

reconsidered the application in details in the light of enquiry report

furnished by enquiry officer, objections raised by the public and connected

file.

By the proposed variation, now the applicant intimated that they did

not want deviation via KMP Nagar as sought for and only want to curtail all

trips from Kumbalanghy Panchayath to Kallanchery since the road is

narrow.An enquiry conducted through field officer,Mattanchery for specific

report and he reported that “the route of one kilometre from Kumbalanghi

Panchayath to Kallanchery is narrow with lots of sharp bend and curves.The

width of the road is as narrow as 3.6 meters in many curves,which is

difficult to maneuver for buses and also will make traffic block even if there

is a two wheeler coming from opposite direction.There is no space for

turning the Stage Carriage at the termini,Kallanchery.The general public

pointed out that ,the both sides of road were open and not demarcated

earlier,but now the land is sold in small plots and houses were buit with

compound walls.This resulted in the present situation.They also pointed

that the bus was turning at an open ground ,St Martin D Porus ,Roman

Catholic church,Kallanchery,but the land owner closed the entry by building

compound wall.The service in this route was interrupted for the last five

years.All the above circumstances of the trip are beyond the control of the

permit holder”.

In view of the aforesaid fact and circumstances and in compliance of

the judgment of Hon’ble STAT in MVAA No.262/2014 Dated

22/07/2019.This authority allowed to curtail the portion from Kumbalanghi

Panchayath to Kallanchery as applied for without changing the existing

timing.

Item No.26

Heard; the learned counsel represented the applicant and council

represented the KSRTC. This is the application for variation of regular

permit in respect of stage carriage KL-07-BF-819 operating on the route

Nilampathinjimughal –Mattanchery-Mundamveli as Ordinary city service. By

the proposed variation, the permit holder is desired to operate 2,3,4,5,8 and

9trips by curtailing portion from Nilampathinjimugal to Kakkanad for a

distance of 1.9 km. This authority considered the application in the light of

enquiry report furnished by the field officer and connected file. The enquiry

officer has reported that the curtailment will adversely affect the public who

accustomed with the existing timings of the vehicle. Moreover, the curtailed

route is an ill served area where only few vehicles are conducting service.

If the proposed curtailment is allowed this authority felt that it will

permanently deprive the existing benefits of the travelling public. Interest of

the public is the main factor for the grant of a variation on existing regular





Regional Transport Authority is constituted to consider applications

and grant permit for providing better travelling facility to the public .In this

case this authority granted permit for the convenience of the travelling

public to Nilampathinjimugal.The proposed variation will not give any

additional advantage to the travelling public.



Item No.27


represented the KSRTC. This is an application for variation of regular permit

in respect of stage carriage KL-38-H-1424 operating on the route

Elamakkara-Chottanikkara Ordinary city service. By the proposed variation,

the permit holder is desired to operate 8th trip from Chottanikkara to Kaloor

extend upto Ponekkara and 9th trip from Kaloor to Chottanikkara is only

upto Trippunithura. This authority considered this application in its earlier

sitting held on 01/02/2020 and adjourned on the ground that the report is

not specific one.

This authority Re-considered the application in the light of enquiry

report furnished by the field officer and connected file. The enquiry officer

has reported that the extension of trip from Kaloor to Ponekkara via

Elamakkara ,which is beneficial to the passengers and curtailment of trip

between Trippunithura to Chottanikkara will not adversaly affect the

passengers.There is no additional overlapping in the variation portion.

Hence the Proposed variation is granted on public interest subject to

settlement of timings.

Item No 28

Heard.The learned council represented the applicant and council

represented the KSRTC.This is an application for variation of regular permit

in respect of stage carriage KL-39-N-1975 on the route Koothattukulam-

Kaloor. By the proposed variation,the permit holder desired to deviate 6th

trip from Palachuvadu to Koothattukulam avoiding Periyapuram and

Thirumarady.The submitted report of enquiry officer is not self explanatory

to ascertain whether there is any additional overlapping consequent to the

deviation of trip.Therefore the Secretary RTA is directed to call detailed and

specific report from the field officer and place the matter in the next

sitting.Hence adjourned.

Item No 29



in respect of stage carriage KL-40-2419 operating on the route Panangad-

Aluva Ordinary city service. By the proposed variation, the permit holder is

desired to operate as deviate the 1st and 11the trips starting from Panangad

to Aluva via Bypass and Medical center by curtailing the portion from Vyttila

Jn to Edappally Signal via South and Kaloor. This authority considered the

application in the light of enquiry report furnished by the field officer and

connected file.The proposed variation includes deviation and

curtailment.The enquiry officer has reported that the curtailments of trip via

Vyttila Jn to Edappally Signal via South and Kaloor will adversely affect the

travelling public in city limit.

The grant of new stage carriage permits in the private sector through

city roads of Kochi is prevented by the Government by way of notifications,

Hence there is no chance to introduce new stage carriage permits directly

connecting the curtailed portions such as Edappally,Palarivattom,Kaloor

and South. If the proposed curtailment is allowed this authority felt that it

will permenantly deprive the existing benefits of the travelling public.

Interest of the public is the main factor for the grant of a variation on

existing regular permit. The existing benefits enjoyed by the public shall not

be deprived of consequent to the variation of the permit. Hence curtailment

of existing trips cannot be allowed. Moreover there is no necessity under

rule 145(6) warranting for the grant of proposed variation.



Item No 30



in respect of stage carriage KL-41-A-1251 operating on the route

Chottanikkara-Kaloor Ordinary city service. By the proposed variation, the

permit holder is desired to change starting and halting place from

Chottanikkara to Trippunithura and intends to introduce a trip early

morning from Trippunithura to Chottanikkara .This authority considered

the application in the light of enquiry report furnished by the field officer

and connected file.The curtailment of last trip from Trippunithura to

Chottanikkara will adversaly affect the late night passengers.In this

proposed variation the number of trips increased from 12 to 13 and the

additional trip (1st trip) from Trippunithura to Chottanikkara is

objectionably overlaps the notified scheme published vide G.O(P) No

05/2017/Tran dated 21/02/2017. As per clause 19 of the above said

notification,the right to operate any new service and to increase the trips in

the notified routes or its portions will be reserved exclusively for the State

Transport Undertaking. In this case ,the applicant offered new trips on the

portion of notified routes. This authority felt that,if the proposed deviation is

allowed,it will be a clear violation of above said notification and connected

judgments in this regard.

2. Vide Judgment of Hon’ble Supreme Court of India in C.A No.4480 of

1998[Venkataswamy Reddy v. State Transport Authority] and connected

cases dtd 19/07/2016 it is clearly pronounced that ,no private operator can

operate his vehicle on any part or portion of a notified area or notified route

unless authorized so to do by the terms of the scheme itself.He may not

operate on any part or portion of the notified route or Area on the mere

ground that the permit as originally granted to him covered the notified

route or area. Hence the proposed variation cannot be granted violating the

scheme of nationalization.



Item No 31



in respect of stage carriage KL-07-AS-4533 operating on the route

Ernakulam (Kaloor Bus Stand)- North Paravur Ordinary service. By the

proposed variation, the permit holder is desired to change starting and

halting place from Cheranellore to North Paravur with curtailing trips no

1,7,8 and 12 and intends to extend the 7th trip from Cheranellore to Vyttila

Hub.This authority considered the application in the light of enquiry report

furnished by the field officer and connected file.The curtailments will

adversely affect the existing passengers .Interest of the public is the main

factor for the grant of a variation on existing regular permit. The existing

benefits enjoyed by the public shall not be deprived of consequent to the

variation of the permit. Hence curtailment of existing trips cannot be

allowed. Moreover there is no necessity under rule 145(6) warranting for the

grant of proposed variation.

In the above circumstances, the application for the variation of permit

is hereby rejected.

Item No.32

1.Perused the judgment of Hon’ble State Transport Appellate Tribunal in

MVAA No.268/2018 Dated 21/12/2019


represented the KSRTC and objectors. This is the application for variation of

regular permit in respect of stage carriage KL-07-AX-2700 (Old vehicle no

KL-08-AJ-9095) operating on the route Munnurpilly-Elavoor-Palissery-

Malayattoor as Ordinary Moffusil service. By the proposed variation, the

permit holder is desired to re arrange the existing trips and revision of

existing timings and curtailment of some trips so as to operate

1.Curtailment of existing route portion in trip no 4 from Angamaly to

Elavoor chanda via Vattapparambu and return in trip no 5 from Elavoor

chanda to Angamaly .

2.In the proposed variation an additional trip in 5th trip from Angamaly to

Palassery and 6th trip from Palissery to Angamaly

2.Curtailment of existing trip no 10 from Palissery to Angamaly and 11th trip

from Angamaly to Palissery

4.In the proposed variation 12th trip from Munnoorpally to Palissery and

halt there.


12,considered the application and rejected on the ground that the “route

potion is objectionably overlaps notified routes published vide G.O (P) No

08/2017/Trans dated 23/03/2021.The regular permit is coming under the

classification of saved permit and further extension or variation in above

saved permit is prevented by Clause 4 of the above notification.In view of the

above legal impediments,the application is hereby rejected”.

The said decision of the RTA was challenged by the applicant before

the Hon’ble STAT in MVAA No 268/2018.As per the Judgment dated

22/12/2019,the Hon`ble court pronounced that“As stated already ,the

application for variation was rejected on the ground that the variation sought

for objectionably overlaps the notified route.According to the appellant ,he did

not seek any deviation,extension or curtailment.What is sought for is only the

rearrangement of certain trips.Hence,there is no question of objectionable

overlapping violating scheme,contended the counsel.The submission made by

the learned counsel that the appellant does not seek deviation,extension or

curtailment is recorded.There is no consideration on merits whether the

rearrangement of trips sought by way of variation by the appellant is

allowable or not.Hence, I hold that the matter requires reconsideration.In the

result ,the appeal is allowed.The impungned order,ie decision of RTA, is set

aside.The RTA,Ernakulam is directed to reconsider the application for

variation in the light of the observation made in this Judgment and pass

orders in accordance with law after hearing both sides including KSRTC”.

In complying the Judgment of Hon`ble STAT,this authority

reconsidered the application in details in the light of enquiry report

furnished by enquiry officer,objections raised by the public and connected

file.

On perused the enquiry report it is revealed that the there is a

curtailment in the existing route portion in trip no 4 from Angamaly to

Elavoor chanda via Vattapparambu and in trip no 5 is also curtailed from

Elavoor Chanda to Angamaly and it will adversely affect the

passengers.Moreover the existing trip no 10 and 11 are also curtailed from

Angamaly to Pallissery and vice versa.Moreover, the applicant proposed an

additional trips on the portion of notified routes.

In this case ,the applicant intends to curtail the trips, addition of trips

and revise the time schedule.But in the Judgment the appellant argument is

that,he did not seek deviation,curtailment and extension.This is a false

statement.

By the proposed variation,the main intension of the permit holder is to

revise the time schedule. The time revision will adversely affect the travelling

public and settled position of timings in the entire sector and there no

change of circumstances warranted under rule 145[7] of KMV Rules-1989 to

revise the existing timings.

Moreover,if the proposed additional trip is allowed,it will be a clear

violation of notification published vide G.O (P) No 42/2009/Trans date

14/07/2009 which is further amended by G.O (P) No 08/2017/Trans dated

23/03/2017.

In view of the aforesaid facts and circumstances, this authority

perused the Judgment and it is revealed that the proposed variation

application is not only for rearrangements of trips, it includes

curtailments,additional trip and revision of timings.Hence the application for

the variation of permit is hereby rejected.

Item No 33



in respect of stage carriage KL-24-A-3670 operating on the route North

Paravur-Vyttila Hub as Ordinary Moffusil service. By the proposed variation,

the permit holder is desired to extend the trip no 6 from Kunnumpuram to

North Paravur and Curtail the Trip no 7 and 8 .This authority considered

the application in the light of enquiry report furnished by the field officer

and connected file.The proposed variation will adversely affect the travelling

public.Interest of the public is the main factor for the grant of a variation on

existing Regular permit.The existing benefits enjoyed by the public shall not

be deprived of consequent to the variation of the permit.

In the above circumstances ,the proposed variation is hereby

rejected on public interests.

Item No 34


represented the KSRTC. This is an application for variation of regular

permit in respect of stage carriage KL-05-R-7502 operating on the route

Eramallore-Aluva as Ordinary Moffusil service. By the proposed variation,

the permit holder is desired to deviate the trip no 4 from Aluva via

Medical College and then Byepass deviating from Edappally ,in trip no 5

from Eramalloor to Kaloor via Vyttila,K K Road instead of South and M G

Road. This authority considered the application in the light of enquiry

report furnished by field officer and connected file.The proposed variation

will adversely affect the existing passengers.Interest of the public is the

main factor for the grant of a variation on existing regular permit. The

existing benefits enjoyed by the public shall not be deprived of

consequent to the variation of the permit. Hence curtailment of existing

trips cannot be allowed. Moreover there is no necessity under rule 145(6)


In the above circumstances,the proposed variation is hereby


Item No.35

1.Perused the Judgment of Hon`ble High Court of Kerala in WPC No 20383

of 2020 dated 06/09/2021

2. Heard; the learned counsel represented the applicant and the Counsel


in respect of stage carriage KL-07-BF-9214 operating on the route

Munambam-Gothuruth, as ordinary moffusil service.This authority

considered this application through circulation in compliance of Judgment

of Hon`ble High Court of Kerala in WPC No 28148/2019 and adjourned on

the ground that “the secretary RTA to seek specific report from the field

officer”.

This authority reconsidered the application in detail in compliance the

Judgement of Hon`ble High Court of Kerala In WPC No 20383 of 2020 and

in the light of further enquiry report submitted by the field officer .He has

reported that the permit holder intends to deviate the route from

Chendamangalam Via Bharanimukku to Vadakkumpuram curtailing

Munduruthy Bridge-Kunnathully.The sector munduruthy to Kunnathully is

ill served and therefore this proposal of variation is against the interest of

public of those inner residential areas.Moreover the proposed route is

objectionably overlaps Aluva-Vadakkumpuram complete exclusion

scheme.This authority is prevented from the grant/renewal of the regular

permit even on the portions of the Aluva-Vadakkumpuram complete

exclusion scheme.Hence the proposed variation of a permit on the Aluva-

Vadakkumpuram scheme cannot be considered without avoiding the

existing violation of scheme of nationalization.The regular permit of the

stage carriage KL-07-BF-9214 is valid only up to 14/03/2018, and this

authority is prevented from the renewal of this permit without avoiding the

objectionabale overlapping on Aluva-Vadakkumpuram complete exclusion

scheme.

In view of the aforesaid fact and circumstances, the application

for the variation of permit is hereby rejected.

Item No 36

Heard.the learned counsel represented the applicant and counsel

represented the KSRTC.This is an application for variation of Regular permit

in respect of Stage Carriage KL-07-BF-9394 on the route Thuthiyoor-

Edakochi-Perumpadappu as ordinary city service.By the proposed

variation,the permit holder is desired to deviate the trip no 6th from

Perumpadappu to Kakkanad via Kakkanad Civil line and trip no 7th from

Kakkanad to Ernakulam south via Chittoor road and Iyattumukku.This

authority in its earlier sitting held on 18/09/2019,vide item no

106,considered the application and adjourned for want of specific report

from the field officer.

This authority considered the application in the light of enquiry

report furnished by the field officer and connected file.The proposed

variation will adversely affect the travelling public.Interest of the public is

the main factor for the grant of a variation on existing Regular permit.The

existing benefits enjoyed by the public shall not be deprived of consequent

to the variation of the permit.



Item No 37



in respect of stage carriage KL-07-BH-8052 operating on the route

Thoppumpady-Aluva as Ordinary City service. By the proposed variation,

the permit holder is desired to deviate the trip no 5 from Thevara to Medical

College by curtailing Aluva and 6th from Medical College to Thevara and trip

no 7th from Thevara to Pukkattupady by curtailing trip to Medical College

and 8th trip starts from Pukkattupady to Thoppumpady via Medical College

.This authority considered the application in the light of enquiry report

furnished by the field officer and connected file. The proposed variation will

adversely affect the travelling public. Interest of the public is the main factor

for the grant of a variation on existing Regular permit.The existing benefits

enjoyed by the public shall not be deprived of consequent to the variation of

the permit.Hence curtailment of existing trips cannot be allowed. Moreover

there is no necessity under rule 145(6) warranting for the grant of proposed

variation.



Item No 38



in respect of stage carriage KL-25-A-9018 operating on the route

Kayantikkara-Aluva-Trippunithura as Ordinary Moffusil service. By the

proposed variation, the permit holder is desired to curtail the portion from

Kayantikkara to Aluva and to change starting and halting place from

Kayantikkara to Medical College.This authority in its earlier sitting held on

01/02/2020,vide item no 29,considered this application and adjourned for

want of specific report from the field officer.

This authority reconsidered this application in the light of enquiry

report furnished by the field officer and connected file and it is revealed that

the curtailment will adversely affect the public who accustomed with the

existing timings of the vehicle. Moreover, the curtailed route is an ill served

area where only few vehicles are conducting service.

If the proposed curtailment is allowed this authority felt that it will

permanently deprive the existing benefits of the travelling public. Interest of

the public is the main factor for the grant of a variation on existing regular





Regional Transport Authority is constituted to consider applications

and grant permit for providing better travelling facility to the public .In this

case this authority granted permit for the convenience of the travelling

public to Kayantikkara.The proposed variation will not give any additional

advantage to the travelling public.



Item No 39



in respect of stage carriage KL-42-Q-9394 operating on the route Vyppin-

Maliankara Ordinary Moffusil service. By the proposed variation, the permit

holder is desired to change starting and halting place from

Elamkunnapuzha to Cherai and extending existing trips nos 2 to 7 from

Maliankara to Manibazar.This authority considered the application in the

light of enquiry report furnished by the field officer and connected file.The

enquiry officer has reported that the changing the starting and halting place

will improve the connectivity of the employees and students from Vyppin

peninsula to the City and route extension in the trips no 2 to 7 will be

beneficial to the travelling public.Moreover the route extension seeking

portion connects the prominent fishing zone Munambam to the Ernakulam

City.There is no objectionable overlapping in the extension portion. Hence

the Proposed variation is granted on public interest subject to settlement of

timings.

Item No : 40

Heard. This is an application for the Renewal of Regular permit in respect of

Stage Carriage KL-07-AS-1530 on the route Malavana Ferry-Kodungallur

Via North Paravur.The permit holder has filed application within the time

limit prescribed under section 81(2) of MV Act,1988.

This authority considered the application in detail .On perusal of file it

is seen that ,this authority in its sitting held on 17/11/2016,vide item no

19,considered the renewal application and adjourned for reason that “The

route is having length of 17.5 km in which the portion of the route from

North Parur to Bharanimukku which is 2.6 km in length objectionably

overlaps Aluva-Vadakkumpuram complete exclusion scheme. Judgments of

Hon’ble High Court of Kerala in WP© No.4435/2011 and connected cases,

prohibited the renewal of regular permit issued on Aluva-Vadakkumpuram

Complete exclusion scheme reserved for the State Transport Undertaking.

KSRTC also objected the renewal of permits on the portions of Aluva-

Vadakkumpuram Scheme.Vide letter No.10689/B1/2014/Tran dtd

17/07/2014 the Government of Kerala has decided to formulate schemes

under section 99 of the MV Act for making an objective assessment on the

actual requirement of the KSRTC and in order to ensure sufficient travel

facilities to the general public. Hence this authority is not able to take a

decision in this situation. This authority is decided to wait for further orders

from the government in this regard. Hence adjourned.Secretary RTA has the

liberty to issue temporary permit to continue operation on public interest till

the final disposal of the application”.

The above legal impediment is still existence.Therefore this authority

is not able to take a decision in this situation.This authority is decided to

wait for further orders from the Government in this regard.Hence adjourned.

Secretary RTA has the liberty to issue temporary permit to continue

operation on public interest till the final disposal of the application.

Item No.41


Stage Carriage KL-08-AH-550 on the route Angamaly Town-North Paravur

as ordinary Moffusil service.The permit holder has filed application within

the time limit prescribed under section 81(2) of MV Act,1988.




route is having length of 20 km in which the portion of the route in question

from North Parur to Vedimara which is 2.1 km in length objectionably

overlaps Aluva-Vadakkumpuram complete exclusion scheme ,which is

exclusively reserved for the State Transport Undertaking. Judgments of





Vadakkumpuram Scheme. Vide letter No.10689/B1/2014/Tran dtd






from the government in this regard. Hence the application for the renewal of

regular permit is adjourned.The Secretary RTA is permitted to issue

temporary permits for durations of 4 months U/S 87[1]d of MV Act in favour

of the permit holder to continue operation on the same route on public

interest.






Item No.42

Heard.This is an application for the Renewal of Regular permit in respect of

Stage Carriage KL-38-2319 on the route North Paravur-Angamaly as

ordinary Moffusil service.The permit holder has filed application within the

time limit prescribed under section 81(2) of MV Act,1988.




route is having length of 31 km in which the portion of the route in question

from North Parur to Vedimara which is 2.1 km in length objectionably

overlaps Aluva-Vadakkumpuram complete exclusion scheme ,which is

exclusively reserved for the State Transport Undertaking. Judgments of





Vadakkumpuram Scheme. Vide letter No.10689/B1/2014/Tran dtd






from the government in this regard. Hence the application for the renewal of

regular permit is adjourned.The Secretary RTA is permitted to issue

temporary permits for durations of 4 months U/S 87[1]d of MV Act in favour

of the permit holder to continue operation on the same route on public

interest.






Item No : 43


Stage Carriage KL-40-B-429 on the route Kunjithai-Kodungallur. The permit

holder has filed application within the time limit prescribed under section

81(2) of MV Act,1988.





North Parur to Vadakkumpuram which is 4.7 km in length objectionably




















Item No.44

1.Perused the Judgment of Hon`ble High Court of Kerala in WPC No

13816/2021 dated 26/08/2021

2.Heard; the learned counsel represented the applicant and the counsel

represented the KSRTC. This is the applications for the Renewal of the

Regular Permit and Variation of Permit in respect of Stage carriage KL-58-M-

670(Old No KL-11-AB-3737)on the route Chottanikkara-Thrissur.This

authority reconsidered the application for variation of permit in respect of

Stage Carriage KL-58-M-670(Old No KL-11-AB-3737).In this application ,the

permit holder had sought curtailment of trips in between North Paravur and

Chottanikkara in the existing permit.

This authority reconsidered the application for variation of regular

permit in respect of stage carriage KL-58-M-670(Old No KL-11-AB-

3737)covered by a regular permit on the route Chottanikkara- Thrissur as

LSOS. In this application, the permit holder has sought curtailment of trips

in between North Parur and Chottanikkara in the existing permit. On

perusal of the records, it reveals that as there were so many objections

against the non operation of service to Chottanikkara, this authority while

considering the application for the renewal of permit in respect of stage

carriage on the route Chottanikkara-Thrissur, directed the Secretary of RTA

to watch the service of the above stage carriage to Chottanikkara.

Thereafter, the Secretary RTA has intimated that, the route enquiry officer

verified the service of the stage carriage in question and reported the non

operation of service to Chottanikkara from Vyttila. During the pendency of

action on permit for the purposeful curtailment of service , the permit holder

of stage carriage KL-58-M-670(Old No KL-11-AB-3737) applied for the

variation of permit for authorizing permanent curtailment of service to

Chottanikkara from Vyttila. This authority in the earlier sittings held on

23/02/2017, 17/05/2017, 20/01/2018, 17/03/2018, 19/05/2018,

19/01/2019 and 18/09/2019 considered the matter of variation for

curtailment of service from Vyttila to Chottanikkara, and rejected the same

on the following findings.

“The regular permit was initially granted considering the interest of

public to reach Chottanikkara, the famous pilgrim centre. After obtaining

regular permit, the permit holder is frequently curtailing service to

Chottanikkara without any reason,which is against the interest of public and

there is no necessity warranting U/R 145[6] of KMV Rules-1989. The permit

holder had submitted application for the variation of permit for curtailing

service from North Parur to Chottanikkara for a distance of 42 km. This

authority considered the application in the light of report of field officer. The

enquiry officer has reported that Chottanikkara is a famous pilgrim centre and

the proposed curtailment from North Parur to Chottanikkara will adversely

affect the travelling public and Students.Regional Transport Authority is

constituted under Motor Vehicles Act and hence the authority is bound to act

in accordance with Act and Rules. The act and rules are framed for the

convenience of the public. In this case, the proposed curtailment will cause

inconvenience to the public. Therefore, the proposed curtailment cannot be

allowed.In view of the aforesaid facts and circumstances, the application for

variation of permit is hereby rejected on public interest”.

The last decision of RTA was challenged in WPC No 13816/2021

before the Hon`ble High Court of Kerala and vide Judgment dated

26/08/2021,the Hon`ble Court find out that the Hon`ble Tribunal has

unambiguously declared that the petitioner is entitled to the variation

sought for and therefore,unless the said order has been set aside or

modified in terms of law,the RTA could not have rejected the claim of

petitioner.Hence Hon`ble Court set aside the decision of RTA and directed

RTA to re consider the application,adverting implicitly to the Judgment of

Hon`ble State Transport Appellate Tribunal in MVARP No 59/2019 within 45

days from the date of receipt of copy of the Judgment.

Vide Judgment of Hon`ble STAT in MVARP No 59/2019 dated

07/09/2019,in this Judgment the Hon`ble court find out that “According to

the learned council ,the word ‘variation’ used in the 2nd proviso takes the

meaning deviation and does not take within its ambit ‘curtailment’ of the

existing route.I find some force in the said argument.In the sub clause (3) to

section 80,the words variation,extension and curtailment as well in sub

clause (1) of the second proviso,there also along with the word variation the

words extension and curtailment as shown in the main body of the section

ought to have been mentioned.Needless to say,if the variation,extension and

curtailment takes within the ambit of the 1st clause of the second proviso ,the

second clause would become redundant.In support of the argument of the

learned counsel he has also cited the decision of the High Court of

Rajasthan in Narottam Paliwal Vs RTA Udaipur (AIR Rajasthan 1995

page 27) .It was held in the decision that the limit of 24 kms as prescribed in

sub section (sub clause ) 2 of the second proviso appended to sub section (3)

applies only to extension and not to curtailment.For all these reasons, I hold

that the second proviso applies only to variation and not to curtailment of the

existing route. In this case the revision petitioner proposed only a curtailment

of the existing route.Hence ,I hold that the impugned order rejecting the

application for variation is not sustainable.Since no other reason has been

shown in the impugned order reject the application for variation. I hold that

the revision petitioner is entitled for the variation sought for.In the result ,the

revision petition is allowed .The impugned order is set aside.The first

respondent,RTA Ernakulam, is directed to grant variation sought for”.

In view of the above Judgment,this authority is decided to grant

variation of permit as applied for without change in existing time.

This authority also considered the Renewal of permit

application.The total route length is 93 kms,in which 43kms lies under the

Jurisdiction of RTA,Thrissur.The enquiry officers reported that route is

objectionably overlapping the notified scheme published vide G.O (P) No

08/2017/Tran dated 23/03/2017.But this Regular permit is issued before

14/07/2009. There is no impediment to renew the permit for continuous

operation on the proposed route.Hence Renewal of regular permit is granted.

Item No : 45


Stage Carriage KL-42-K-4580 on the route Gothuruth-High Court Jn. The

permit holder has filed application within the time limit prescribed under

section 81(2) of MV Act,1988.





North Parur to Vadakkumpuram which is 4.4 km in length objectionably




















Item no : 46

Heard. This is the application for the renewal of regular permit in respect of

stage carriage KL-07-AP-7239 operating on the route Mala-Aluva as

Ordinary Moffusil Service. The permit holder has filed application within the

time limit prescribed under Section 81[2] of MV Act,1988.

This authority elaborately considered the scope and applicability of

the renewal of permit in the light of existing notifications and connected file.

The regular permit was issued on 16/04/2005. The proposed route is

having length of 41.5 km and the route is objectionably overlaps

Trivandrum-Palakkad, Trivandrum-Kannur, Ernakulam-Thrissur notified

routes published vide GO(P) No. No.42/2009/Tran dtd 14/07/2009 ,which

is further modified as per GO(P) No.08/2017/Tran dtd 23/03/2017 and

Aluva-Vadakkumpuram Complete Exclusion scheme,vide Notification no

27106/TA2/65/PWD Dated 17/06/1965.

As the portion of the route from Aluva to Paravur Kavala is also

overlaps on GO(P) No 42/2009 dated 14/07/2009 ,the overlapping on

Aluva-Vadakkumpuram Scheme cannot be treated as objectionable. There is

no impediment to renew the permit for continuous operation on the

proposed route.Hence Renewal of regular permit is granted.

Item No 47

Perused the Judgement of Hon`ble State Transport Appellate Tribunal

(STAT) in MVAA No 44/2014 dated 16/08/2019.

Heard;The learned counsel represented the applicant and counsel

represented the KSRTC.This is the application for Renewal of permit and

replacement of vehicle in respect of Stage Carriage KL-17-A-6888 on the

route Poothotta –University .This authority in its earlier sitting held on

16/07/2013,vide item no 105 and 06/01/2014 vide item no 150 considered

and rejected on the ground that the vehicle was removed during the year

2010 and thereafter the permit holder had not operated service for the

conveyance of public.

The said decision of RTA,Ernakulam is challenged by permit holder

before the Hon`ble STAT in MVAA No 44/2014.As per the Judgment dated

16/08/2019,the Hon`ble Court “set aside the decision of RTA,Ernakulam

and directed to reconsider the application for renewal as well as replacement

on merits and pass orders in accordance with law after hearing all the

parties”.

This authority perused the Judgment of Hon`ble STAT in MVAA No

44/2014,wherein the Hon`ble STAT has set aside the decision of this

authority dated 16/08/2019 on the following findins-that,

The vehicle was removed from the permit during 2010 and thereafter

the permit holder did not operate service for the conveyance of the public

and as such findings of the RTA,Ernakulam that the appellant did not

operate service since 2010 is wrong.

This authority elaborately verified the findings of the Hon`ble STAT and

revealed the following,

On 29/10/2010,the permit holder had applied for clearance certificate

in respect of S/C KL-17-A-6888 without surrendering the regular permit .In

compliance of the Judgment of Hon`ble High Court of Kerala in WPC No

31028 of 2010,clearance certificate was issued in respect of the above Stage

Carriage by keeping the valid regular permit under suspended animation for

changing the ownership into the name of another person.Thereafter,the

permit holder failed to conduct service with another stage carriage with

effect from 29/10/2010 . On 26/05/2011 an application for Renewal of

permit was submitted by the permit holder without a valid vehicle.The said

application was considered by Secretary RTA and rejected on the ground

that the without a valid vehicle the regular permit has no existence and

hence the regular permit became cancelled or suspended one. The permit

holder filed a replacement application only on 28/07/2012 .In this case the

vehicle was removed from 29/10/2010, thereafter the permit holder had

not operated service for the conveyance of the travelling public.

The permit was granted by this authority for operating of regular

service for the conveyance facility to the general public without a break.But

the permit holder failed to do so.This action of permit holder caused refusal

of Stage Carriage service on the said route ,the passengers were put on to

untold miseries.Hence there is no need to renew the permit after a long

duration of 2 years.

On consideration of the above facts,this authority verified that the

findings rendered by the Hon`ble STAT is against the actual facts.Hence this

authority not in a position to renew the non operational and in fructuous

regular permit.

In the above findings ,the application for Renewal of Regular permit is

rejected.

Since the application for renewal of permit is rejected.The application

for the replacement of vehicle has no relevance.

Item no 48

Heard. This is the application for the renewal of regular permit in respect of

stage carriage KL-18-D-8199 operating on the route Aluva-Thoppumpady as

Ordinary City Service. The permit holder has not filed application within the

time limit prescribed under Section 81[2] of MV Act,1988.Hence he submit a

request to condone the delay in filing the application.


the renewal of permit in the light of existing notifications and connected file.

The regular permit was issued on 27/01/2005. The proposed route is

having length of 40 km and the route is objectionably overlaps Trivandrum-

Palakkad , Trivandrum-Kannur notified routes published vide GO(P) No.

No.42/2009/Tran dtd 14/07/2009 which is further modified as per GO(P)

No.08/2017/Tran dtd 23/03/2017 .The permit was issued before

14/07/2009.Hence there is no impediment to renew the permit for

continuous operation on the proposed route.

Therefore, the delay in filing application is condoned and the Secretary

RTA is permitted to renew the permit subject to the remittance of

compounding fee of Rs.7500/- for the permitless operation.

Item No : 49


Stage Carriage KL-11-X-8919 on the route Gothuruth-Munambam. The

permit holder has filed application within the time limit prescribed under

section 81(2) of MV Act,1988.




route is having length of 22 km in which the portion of the route from North

Parur to Vadakkumpuram which is 4.7 km in length objectionably overlaps

Aluva-Vadakkumpuram complete exclusion scheme. Judgments of Hon’ble

High Court of Kerala in WP© No.4435/2011 and connected cases, prohibited

the renewal of regular permit issued on Aluva-Vadakkumpuram Complete

exclusion scheme reserved for the State Transport Undertaking. KSRTC also

objected the renewal of permits on the portions of Aluva-Vadakkumpuram

Scheme.Vide letter No.10689/B1/2014/Tran dtd 17/07/2014 the

Government of Kerala has decided to formulate schemes under section 99 of

the MV Act for making an objective assessment on the actual requirement of

the KSRTC and in order to ensure sufficient travel facilities to the general

public. Hence this authority is not able to take a decision in this situation.

This authority is decided to wait for further orders from the government in

this regard. Hence adjourned.Secretary RTA has the liberty to issue

temporary permit to continue operation on public interest till the final

disposal of the application”.

The above legal impediment is still existence. Therefore this authority

is not able to take a decision in this situation. This authority is decided to

wait for further orders from the Government in this regard. Hence

adjourned.



Item No.50

Heard.This is an application for the Renewal of Regular permit in respect of

Stage Carriage KL-16-8325 on the route Puthenvelikkara-Kodungallur-Mala

as ordinary Moffusil service.The permit holder has not filed application

within the time limit prescribed under section 81(2) of MV Act,1988. Hence

he submitted a request to condone the delay in filing the application.


is seen that ,the route is having length of 39.5 km in which the portion of

the route in question from North Parur to Vedimara which is 1.5 km in

length objectionably overlaps Aluva-Vadakkumpuram complete exclusion

scheme ,which is exclusively reserved for the State Transport Undertaking.

Judgments of Hon’ble High Court of Kerala in WP© No.4435/2011 and

connected cases, prohibited the renewal of regular permit issued on Aluva-

Vadakkumpuram Complete exclusion scheme reserved for the State

Transport Undertaking. KSRTC also objected the renewal of permits on the

portions of Aluva-Vadakkumpuram Scheme. Vide letter

No.10689/B1/2014/Tran dtd 17/07/2014 the Government of Kerala has

decided to formulate schemes under section 99 of the MV Act for making an

objective assessment on the actual requirement of the KSRTC and in order

to ensure sufficient travel facilities to the general public. Hence this

authority is not able to take a decision in this situation. This authority is

decided to wait for further orders from the government in this regard. Hence

delay in filing the application is condoned and decision on application for

the renewal of regular permit is adjourned.

The Secretary RTA is permitted to issue temporary permits for

durations of 4 months U/S 87[1]d of MV Act in favour of the permit holder

to continue operation on the same route on public interest.

Item No 51

Heard. This is an application for transfer of regular permit in respect of S/C

KL-05-U-592 operating on the route Thuthiyoor-Fort Kochi from the name

of first applicant to the name of second applicant. 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 52

Perused the Judgment of Hon`ble High Court of Kerala in WPC No 5671 of

2021 Dated 17/03/2021.

Heard; This is an application for transfer of regular permit in respect of S/C

KL-05-AB-2446 operating on the route Aluva-Fort Kochi from the name of

first applicant to the name of second applicant. Transfer of permit allowed



Item No 53

Heard;the learned counsel represented the applicants.This is an application for

Transfer of permit in respect of Stage Carriage KL-05-T-1519 on the route Aluva-

Choondy as Ordinary moffusil service on the strength of Regular permit valid upto

27/10/2022.This authority considered the application and connected files and it is

revealed that,

The proposed application is filed by Sri.Merlin ,Who is the power of attorney

holder of the Sri.George A T (permit holder) and Sri.Eldho Varghese.On perused the

perused the power of attorney ,it is seen that,there is no power is assigned for

Transfer of permit to the another person.More over ,the secretary RTA directed at

the time of hearing to the power of attorney holder to produce the Transfer of

permit allowable Power of attorney .But he has failed to produce the same .Hence

this application cannot be considered as a proper and bonafide one.

Therefore the application for the Transfer of permit is hereby rejected.

Item No 54

Heard.This is an application for transfer of regular permit in respect of S/C

KL-07-AQ-644 operating on the route Mambrakadavu-Angamaly-

Perumbavoor-Palissery-Karamattom from the name of first applicant to the

name of second applicant. 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 55


KL-07-AS-1071 operating on the route Cheranellore-Fortkochi from the

name of first applicant to the name of second applicant. 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 56

Perused the Judgment of Hon`ble High Court of Kerala in WPC No

16074/2021 dated 25/08/2021.

Heard; This is an application for transfer of regular permit in respect of S/C

KL-38-H-1422 operating on the route Ponekkara-Edakochi from the name




Item No 57


KL-65-C-1572 operating on the route Cheranellore-Mattanchery from the




Item No 58


KL-02-S-2951 operating on the route Edakochi-Fortkochi from the name of




Item No 59


KL-05-X-2601 operating on the route North Paravur-High Court Jn from

the name of first applicant to the name of second applicant. Transfer of

permit allowed subject to the production of no objection certificate from the


Item No 60


KL-07-BD-3408 operating on the route Cherthala-Thoppumpady from the




Item No 61


KL-38-2596 operating on the route Eloor ferry-Munambam from the name of




Item No 62


KL-39-F-3292 operating on the route Kothad Ferry-Chottanikkara from the




Item No 63


KL-40-3177 operating on the route Pookkattupady-Fortkochi from the name




Item No 64


KL-33-G-3229 operating on the route Cheranellore-Aluva from the name of




Item No 65


KL-37-A-4930 operating on the route Koothattukulam-Kaloor from the name




Item No 66

Heard.This is an application for Transfer of Permit (Death) u/s 82(2) of MV

Act,1988 ,in respect of S/C KL-07-AQ-6111 on the route Kakkanad-W.

Island. Swalih Muhammed T K,Son of the deceased permit holder has

applied for Transfer of permit (death) u/s 82(2) of MV Act,1988.On perusal

of file ,it is revealed that the Secretary RTA was heard all legal heirs of the

deceased permit holder and all legal heirs were submitted their consent for

the transfer of permit into the name of Swalih Muhammed T.K,Son of

deceased permit holder.Therefore Transfer of permit in respect of S/C KL-

07-AQ-6111 u/s 82(2) of MV Act ,is allowed as applied for subject to the

clearance of Government dues,if any.

Item No 67


KL-07-AX-6444 operating on the route Irimpanam-Kakkanad from the name




Item No 68


KL-07-BC-5859 operating on the route Kothad Ferry-Poothotta from the




Item No 69


KL-07-BG-5631 operating on the route Pookattupady-Edakochi from the




Item No 70


KL-07-BK-5291 operating on the route Ponekkara-Pananghad from the




Item No 71


KL-07-CG-6192 operating on the route Kumbalam-Aluva from the name of




Item No 72


KL-41-A-5686 operating on the route Munnorpilly-Perumbavoor from the




Item No 73


KL-43-A-6669 operating on the route Fortkochi-W.Island from the name of




Item No 74


KL-44-5054 operating on the route KMP Nagar-Fortkochi from the name of




Item No 75

Perused the Judgment of Hon`ble STAT in MVAA No 107/2018 dated

14/11/2019.

Heard.This is an application for Transfer of permit in respect of Stage

carriage KL-39-F-5146 on the route Thalayolaparambu-Kaloor as ordinary

Moffusil service.This authority in its sitting held on 20/01/2018 considered

this application and rejected. Aggrevied by this decision, the permit holder

filed MVAA No 107/2018,vide Judgment dated 14/11/2019,the Hon`ble

court set aside the decision of RTA and directed to reconsider the

application for Transfer in accordance with section 82(1) of MV Act,1988

and Rule 178 of KMV Rules,1989.

In compliance the Judgment of Hon`ble STAT in MVAA No

107/2018,this authority reconsidered the transfer of permit application in

respect of S/C KL-39-F-5146 and allowed as applied for subject to the

production of no objection certificate from the financier,if applicable and

clearance of Government dues ,if any.

Item No 76


KL-07-BC-7114 operating on the route Aluva-Thevara from the name of first

applicant to the name of second applicant. Transfer of permit allowed



Item No 77


KL-07-AR-9758 operating on the route Palankadavu-Puthukalavattom from




Item No 78


KL-07-AW-9730 operating on the route Kakkanad-Poochakkal from the




Item No 79


KL-40-A-8355 operating on the route Puthukalavattom-Perumanoor from




Item No 80

Heard.This is an application for Transfer of permit in respect of S/C KL-08-Z-9700

on the route Ernakulam High Court Jn-Kodungalloor.On perusing the file, it is

revealed that the report furnished by the enquiry officer is not self explanatory.

Therefore ,Secretary RTA is directed to seek further specific report from the enquiry

officer regarding the possession of the vehicle, financial stability of 2nd applicant

and any disqualification u/r 178 of KMV Rules,1989.Hence adjourned.

Item No 81


KL-56-C-7707 operating on the route Vyttila Hub-North Paravur from the




Item No 82


KL-67-B-7509 operating on the route Pala-Kaloor from the name of first

applicant to the name of second applicant. Transfer of permit allowed



Item No 83

Heard.Transfer of permit(Death) in respect of S/C KL-43-A-7832 on the

route Kumbalanghy-Cheranellore.Sajan V.T,Son of the deceased permit

holder has applied for Transfer of permit (death) u/s 82(2) of MV

Act,1988.On perusal of file ,it is revealed that the Secretary RTA was heard

all legal heirs of the deceased permit holder and all legal heirs were

submitted their consent for the transfer of permit into the name of Sajan

.V.T,Son of deceased permit holder.Therefore,Transfer of permit in respect of

S/C KL-43-A-7832, u/s 82(2) of MV Act ,is allowed as applied for subject to

the clearance of Government dues,if any.

Item No 84

Heard. This is an application for replacement of the stage carriage KL-08-

AL-4555, covered by a regular permit valid up to 12/12/2022 , by a Later

model vehicle KL-17-U-7320 possessed under lease agreement .This

authority considered the application in detail.On perused the file ,it is

revealed this is a case where a older model vehicle (2006 model) covered by a

stage carriage permit is sought to be replaced by a later model (2020 model)

stage carriage KL-17-U-7320 possessed under lease agreement. The material

difference is below 25 % and the later model vehicle will provide more

travelling facility than an older model vehicle.Therefore the Replacement of

the vehicle is granted subject to the compliance of Rule 174 of KMV Rules

1989.

Item No 85

Heard the applicant.This is the application for Renewal of Permit in respect

of A/R KL-07-CN-8149.The permit holder had not filed application within

the time limit prescribed under 81(2) of MV Act,1988.Hence he requested to

condone the delay.This authority considered the application in detail.There

is no legal impediment to renew the permit for continuous operation.This

authority satisfied with the explanation submitted by the permit

holder.Hence delay is condoned and Renewal of permit is granted.

Item No 86

Heard the applicant.This is the application for Renewal of Permit in respect

of A/R KL-07-BX-3052.The permit holder had not filed application within

the time limit prescribed under 81(2) of MV Act.Hence she requested to

condone the delay.This authority considered the application in detail.There

is no legal impediment to renew the permit for continuous operation.This

authority satisfied with the explanation submitted by the permit

holder.Hence delay is condoned and Renewal of permit is granted.

Item No 87

This is an application for withdrawal of renewal of regular permit application

in respect of Stage Carriage KL-07-AW-4668 operating on the route Vyppin-

Maliyankara as Ordinary Moffusil service. The regular permit validity was

expired on 08/09/2014.The permit holder had applied for renewal of permit

application and it was considered by RTA,Ernakulam in its sitting held on

17/08/2015 and adjourned on the ground that the route portion is

objectionably overlaps Aluva- Vadakkumpuram complete exclusion

scheme.However,the RTA permitted the regular permit holder to operate

service with temporary permit u/s 87(1)d of MV Act,1988.Then the permit

holder conducted service on the strength of temporary permit which was

valid upto 13/02/2018.During these time,the route bus attained 15 years of

age as on 01/05/2015 and was not serviceable.So he possessed another

stage carriage KL-38-2752 under lease agreement .Thereafter on

08/02/2018,the owner of Stage carriage KL 38 2752 repossessed the vehicle

. After this ,the permit holder had not conducted service with the Stage

Carriage KL-07-AW-4668 or another stage carriage.Hence it is clear that the

permit holder is not able to maintain a Stage carriage service for providing

better conveyance facility to the passengers without a break.Therefore the

Secretary RTA issued a showcause notice u/r 152 of KMV Rules,1989 on

16/08/2019.No reply received from the permit holder .On 16/10/2020 the

permit holder submitted a Form G application and stated that he intends to

dismantle the Stage carriage KL-07-AW-4668 since it is in dilapidated

condition.Later on 24/11/2020,the permit holder submitted the withdrawal

of permit renewal application and stated that he is not financially sound to

produce another stage carriage vehicle.

On perused the application and connected file,it is revealed that the

permit holder failed to conduct service with another stage carriage with

effect from 13/02/2018.The action of permit holder caused refusal of stage

carriage service on the said route where there is lack of service and the

passengers were put on to untold miseries. Hence it is clear that the permit

holder is not able to maintain a Stage Carriage service for providing better

conveyance facility to the general public without a break.Moreover ,he has

confessed that he is not financially sound to produce another stage carriage

vehicle for conducting service.

The permit was granted by this authority for the operation of regular

service for the convenience of the travelling public.But in this case the

permit holder failed to do so.Moreover he has applied for withdrawal of

renewal of permit application.It is clear that he is not willing to conduct the

service with this permit.In this case ,the secrtary RTA issued showcause

notice to the permit holder u/r 152 of KMV Rules,1989.

“As per Rule 152 of KMV Rules,1989,the vehicle shall be so maintained

as to be available for the service for which the permit was granted,for the

entire period of currency of the permit and the permit is liable to be suspended

or cancelled,after due notice to the permit holder,if the vehicle has not been

used for the purpose for which the permit was granted ,for any day in the

case of a stage carriage or for a continous period of fifteen days .In this case

the applicant is not operating service for a long period and failed to serve the

need and convenience of public.Hence the permit is liable to be cancelled”.

Therefore, this authority is of considered opinion that the permit

holder is not qualified for the continuance operation of the stage carriage

service and he is incapable of maintain a stage carriage providing better

service to the public. Hence the application is hereby rejected and the

regular permit 7/01/1994 issued to stage carriage KL-07-AW-4668 on the

route Maliankara-Vyppin is hereby cancelled.

Item No 88

Heard,the learned counsel represented the permit holder .This application is

placed before for taking action against the regular permit no 7/10028/2004

issued to Stage Carriage KL-40-A-3038 on the route Aluva-Konthuruthy in

the vacancy of KCE-7911.

This authority issued a Regular permit no 7/10028/2004 in respect of

stage carriage KL-40-A-3038 on the route Aluva-Konthuruthy as city

service.The permit of the vehicle was expired on 26/01/2014.The permit

holder had filed first application within the time limit prescribed u/s 81(2) of

the MV Act,1988.But this application was not processed by Secretary RTA

,since the vehicle has tax due.After a long 5 years ,the permit holder had

filed another renewal of permit application,which is a belated one by 261

days. After this he had applied for Replacement of vehicle with another later

model vehicle.

This authority in its meeting held on 08/02/2021,vide item no

18,considered the application and rejected the renewal of permit and

directed Secretary RTA to issue showcause notice u/r 152 of Kerala Motor

Vehicles Rules,1989.On 28/04/2021 an explanation received from the

permit holder through his Power of Attorney holder Sri.Nassar .V.K,Vellanji

House,Manalimukku, NAD P O,Aluva.On perused the explanation ,it is

revealed that the permit holder submitted replacement application after the

5 years from the validity of the permit,ie on 31/10/2019. In this case ,the

permit holder is failed to conduct service for a long five years with another

stage carriage with effect from 31/07/2013.On that date the said vehicle

was seized by the Enforcement Directorate,Ernakulam and it is still under

the custody of the said agency.

The permit was granted by this authority for operating of regular

service for the conveyance facility to the general public without a break.But

the permit holder failed to do so.This action of permit holder caused refusal

of Stage Carriage service on the said route ,the passengers were put on to

untold miseries.Hence there is no need to renew the permit after a long

duration of 5 years.

In the above circumstances,the explanation is submitted by the

permit holder is not found satisfactory.

Therefore, this authority is of considered opinion that the permit

holder is not qualified for the continuance operation of the stage carriage

service and he is incapable of maintain a stage carriage providing better

service to the public. Hence the application is hereby rejected and the

regular permit 7/10028/20044 issued to stage carriage KL-40-A-3038 on

the route Aluva-Konthuruthy is hereby cancelled.

Item No 89

Action taken by the Secretary RTA for the cancellation of Regular Permit No

7/433/2012 on the route Kalady-Angamaly in respect of Stage Carriage KL-

07-AP-3456 on behalf of this authority is hereby ratified.

Item No 90

Action taken by the Secretary RTA for the cancellation of Regular permit no

7/504/2005 on the route Cheranelloore-Mattanchery in respect of Stage

Carriage KL-07-BK-5291 on behalf of this authority is hereby ratified.

Item No.91

Action taken by the Secretary RTA for the cancellation of regular permit no

7/100001/1994 on the route South Chittoor Ferry-Kadavanthra in respect

of stage carriage KL-07-BN-8487 on behalf of this authority is hereby

ratified.

Item No 92

Action taken by the Secretary RTA for the cancellation of Regular permit

7/3418/2018 on the route Mulavukad North-Highcourt Jn in respect of

Stage Carriage KL-07-CD-9438 on behalf of this authority is hereby ratified.

Item No 93

Action taken by RTA,Ernakulam through Circulation for the Replacement of

Stage Carriage KL-16-C-9779 is hereby regularized.

Item No 94

The applicant and the permit holder is absent in the meeting.This is the

complaint relating the excess ticket fare collecting from the complainant

Sri.P A Abdhul Khadir by the conductor in respect of Stage Carriage KL-07-

AT-9909 on the route Aluva -Ernakulam.As per the complaint,he stated that

during the period from 25/09/2020 to 09/10/2020 an excess fare

charge,more than 25% which was allowed by the Government of Kerala vide

GO (P) No 37/2020/Trans, collected from him on going travel from ESI

Dispensary to Aluva.The normal ticket rate is Rs.13/- only but the said

stage carriage collected Rs.19/- in the above said periods. An enquiry

conducted through field officer and he stated that the complaint is a

genuine one.

In this case ,the permit holder committed offence u/s 84(c) of MV

Act,1988 and law mandate action on permit u/s 86 (1)a of MV Act,1988.

The permit holder is given an option to remit compounding fee of Rs.7500/-

in lieu of suspension/Cancellation of permit.If the permit holder is failed to

do so,

1.Secretary RTA is directed to suspend the permit of the Stage Carriage KL-

07-AT-9909 for a duration of 1 month . If the illegality reported in future,the

permits of the concerned vehicle will be revoked.

2. Secretary RTA is directed to suspend the conductor license for a duration

of one month .

Item No 95

Perused the Judgment of Hon`ble State Transport Appellate Tribunal in

MVAA No 39/2018 dated 06/10/2020.

The permit holder of Stage Carriage KL-39-E-8223 is absent in the

meeting.This is a case relating the misbehaviour of bus crews ,which made

violence in a public place resulted in the injury of the students.This

authority in its earlier sittings held on 20/01/2018,vide item no 75 and on

18/09/2019,vide item no 27 considered the issue in detail in view of the

Motor Vehicles Act and Rules made there under and decided to suspend the

regular permit issued to stage carriage KL-39-E-8223 for a duration of three

months.Moreover,the Licensing authority is directed to disqualify the license

issued to the Crews involved in the case without delay.

Aggrieved by the decision of RTA,the permit holder filed an appeal

before the Hon`ble STAT in MVAA No 39/2018 ,vide Judgment dated

06/10/2020,the Hon`ble court pronounced that “there is no option is

allowed as per sub clause (5) of Section 86 of MV Act,1988 to the appellant,no

reason has been given in the impugned order.To that extent, the impugned

order is liable to be interfered with. In the result,the revision petition is

disposed of as follows;

The 1st respondent,RTA,Ernakulam,is directed to reconsider whether

the appellant could be extended the benefit of sub clause (5) of Section 86 of

the Motor Vehicles Act taking into account the relevant provisions including

Rule 145 (8) of the Kerala Motor Vehicles Rules,1989 and facts and

circumstances of the case after hearing both sides”.

In complying the above order,this authority reconsidered the matter in

this sitting,but the permit holder is absent.This authority in its previous

sitting considered this matter and decided to suspend the regular permit of

Stage Carriage KL39E3223 for a period of 3months without giving the

benefit of sub clause(5) of section 86 of MV Act,1988.The reason is that,the

offence is entirely different from other offences relating with the Motor

Vehicles Act and Rules. In this case ,the bus crews attacked the passengers

,which resulted the injury of the students and police officials filed an FIR

against the bus crews.It is the duty of the RTA to ensure that similar type of

criminal offences are not to be repeated by any operators in

future.Therefore,the earlier decision was taken by this authority is an apt

one.Hence,the benefit of sub clause 5 of section 86 of MV Act,1988 and Sub

Rule 8 of Rule 145 of KMV Rules,1989 are not attractive in this case and

hence this authority denied to compound the offence by remitting fine in lieu

of action on permit.

Therefore ,this authority is decided to suspend the regular permit

issued to stage carriage KL-39-E-8223 for a duration of three months with

effect from 01/01/2022.

The secretary RTA is entrusted to ensure the above decision is

complied.

Item No 96

Action taken by RTA,Ernakulam through Circulation for the Grant of Fresh

Permit in respect of Stage Carriage KL-07-AR-3694 on the route North

Paravur-Eloor FACT-Amritha Hospital,Pathalam-Edappally-Vyttila Hub is

hereby regularized.

Item No 97

Action taken by RTA,Ernakulam through Circulation for the Grant of Fresh

Permit in respect of Stage Carriage KL-07-AN-9426 or KL-07-AK-6107 or

Suitable vehicle on the route Nayathode Airport Jn-Angamaly-Mala-Manjaly

is hereby regularized.

Item No .98

Heard;This is a request submitted by Sri.V V Praveen,74 Division

Councilor, Cochin Corporation for sanctioning of new bus stop at the

Junction of Thattazham Road (near Pachalam Jn) with Chittoor road.The

enquiry officer reported that, there is an existing bus stop only a 300 meter

away. Moreover there is a railway tracks and a railway crossing is also

situated near the proposed bus stop.There is no sufficient space for the new

bus stop.On consideration of report of the enquiry officer,this authority felt

that if the proposal is allowed it will be against the road safety aspects.

In the above circumstances the proposal for new bus stop at

Thattazham road is hereby Rejected.

Item No 99

Heard;the applicant and objectors.This is a request submitted by Sri.T

A George ,Thaippadath House,Kannamaly P O,Kochi for sanctioning new

bus shelter in the existing bus stop near Kannamaly Church.The enquiry

officer has reported that “the proposed bus shelter is near the wall of

Smt.Annie P G and she has complained that ,it will obstruct access to their

home and the complaint is genuine one ,because the distance from the gate

and proposed bus shelter is only 10.50 meter.The size provided for the bus

shelter is 350x270.It is not possible to implement this measurement in this

place.The road there is not wide enough,only 7meter width. A tree is situated

50cm away from the road. Moreover it will be lead, Traffic jam and

obstruction in pedestrians and may be occur accident while overtaking .Hence

it is advised to build the proposed bus shelter in the nearest convenient place

,having sufficient road width”. Moreover, an objection filed by Smt.Annie P G

against the proposed bus shelter,since it will obstruct access to their home.


the proposed bus shelter on the basis of enquiry report of field officer and

objection raised by Smt.Annie.P.G. The proposed bus shelter will obstruct

access the complainant home,because the distance from the gate and

proposed bus shelter is only 10.50 meter.The size provided for the bus

shelter is 350x270.The proposed place is not enough space for building bus

shelter,the road width is only 7 meter.Moreover,it will lead traffic jam and

obstruction in pedestrians. On consideration of report of the enquiry

officer,this authority felt that if the proposal is allowed it will be against the

road safety aspects.

In the above circumstances,the proposal for the new bus shelter

at Kannamaly Church is hereby rejected.

Item No 100

1.Perused the Judgment of Hon`ble High Court of Kerala in WPC No

17863/2020 dated 16/08/2021

2.Heard; the learned counsel represented the shop owner .This is an issue

relating to the parking of Autorikshaws in front of shop at Pandikudy.The

shop owner ,Sri. Sharon Thomas, filed a Writ petition before the Hon`ble

High Court of Kerala in WPC No 17863/2020.Vide Judgment dated

16/07/2021,the Hon`ble Court pronounced that “the parking place is

identified by the 2nd respondent,Cochin Corporation,for the autorickshaws as

per serial no 93 in Ext p9 proceedings of the 2nd respondent.The petitioner is

aggrieved by the same .The main grievance of the petitioner is that the ingress

and egress to the petitioner`s shop is blocked by the autorickshaws.I do not

want to make any observation about the same.If the petitioner is aggrieved by

Ext P9,the petitioner is free to file a representation narrating all his grievance

before the 7th respondent,RTA Ernakulam. If such a representation is received

,the additional 7th respondent will consider the same after hearing the

petitioner,2nd respondent and the representatives of 5th respondent,Pandikudy

Auto Drivers Association (PADA). The writ petition is disposed in the manner:

(1) The petitioner is free to file a representation narrating his grievance against

Ext P9 before the RTA within 3weeks. (2) If such a represtation is received,the

additional 7th respondent will hear the petitioner,Secretary Cochin Corporation

and representatives of Pandikuty Auto Drivers and pass appropriate orders in

it as expeditiously as possible ,at any rate ,within 5 months from the date of

receipt of a copy of this Judgment”.

This authority considered the application in detail with the Judgment

and connected files and it is revealed that,as per the Direction of Hon`ble

Court,the petitioner submit a representation before the Secretary

RTA,Ernakulam on16/08/2021.Afterthis,the secretary RTA conducted an

enquiry through the Joint Regional Transport Officer ,Mattanchery and

submitted report. But the Secretary Cochin Corporation and

Representatives of Pandikuty Auto Drivers are not present in the

meeting,only the authorized representative of shop owner present in the

meeting.Hence this authority is not able to take a decision in this situation.

Therefore,the Secretary RTA is directed

1. To submit a detailed remarks in consultation with Secretary ,Cochin

Corporation and Sri.Sharon Thomas (Shop owner and petitioner) and

Representatives of Pandikudy Auto Drivers Assosication ,then place

the matter in the next sitting without fail.

2. to file an extension of time before the Hon`ble High Court of Kerala in

WPC No 17863/2020 to the completion of above petition.

Hence this matter is adjourned for next sitting.

Item No 101

Applicant is absent .Hence adjourned.

Item No 102

Applicant is absent. On perused the file,as per the report of enquiry officer,it

is revealed that the applicant not provided sufficient facilities. Therefore, the

secretary RTA is directed to conduct a fresh enquiry and place the matter in

the next sitting.Hence adjourned.

Item No 103

This authority considered the matter in detail.This is the matter

relating the Digitalization of Time sheet of Stage Carriages to the Digital

platform.Now a days ,there is no software to access running time of Stage

Carriages to the General public.The Transport commissioner considered the

issue in detail and decided to digitalize the route data and running time of

all Stage Carriages in the State.For this purpose ,a Digital platform is

created by Motor Vehicles Department and name given as Root Management

System(RMS).

The secretary RTA is directed to take necessary action for completing

the digitalization process.By updating entire Regular permit,settled timings

and route details in the RMS portal.After completing the entry level, an

opportunity will be given to the permit holders to verify the data with

original time schedule in their hand.The above process should be completed

within three months and the matter will be discussed thereafter.

Item No 104

All actions taken by Secretary RTA on behalf of this authority are hereby

ratified.

Item No 105

Nil

Item No 106

Will be informed later.

Supplimentary Item no 1

This is the matter relating the non permission of KSRTC stage carriage

buses to M G Road. As per the letter of Transport Secretary ,“KSRTC Buses

from Thoppumpady and Vyttila were being reached KSRTC depot via M G

Road.But at the time of construction of Metro rail the M G Road was closed by

Barricades and KSRTC bus services diverted via Kadavanthra .Even after the

completion of the metro rail work,the entry ban on M.G.Road is still in force to

KSRTC buses and in the same time other private buses are conducting service

through M G Road.Moreover, Deluxe buses of KSRTC from Alappuzha and

Thrissur are also restricted to entry in the Ernakulam City limit via M G

Road.The above restriction is resulted into the hardship to the KSRTC

Passengers.They have compelled to use other private buses to reach M G

Road and other city points.It leads huge revenue loss , more diesel expenses

to the KSRTC and also the passengers are raising complaints against the

divertion of route”.

This authority considered the matter in detail .The Asst Commissioner

of Traffic police attended the meeting and reported that “there was no

restriction on KSRTC buses entering to MG Road, but a ban on turning from

the MG Road to the KSRTC Bus stand for reducing traffic congestion and

avoiding traffic block in M G Road”. In the same time ,this authority feels

that the above restriction is resulted into the hardship to the KSRTC

passengers,whose are travelling from Thoppumpady and Vyttila.For solving

the above issues ,this authority decided to conduct a meeting with the

officials of KSRTC,Traffic police authorities and other affected parties .

Hence decision is adjourned.

Supplementary Item No.2

Heard. This is to consider the application for transfer of regular permit in

respect of S/C KL 07 AR 7475 operating on the route Aluva-Mattanchery

from the name of first applicant to the name of second applicant. Transfer of





respect of S/C KL 42 C 5690 operating on the route Aluva-S.Chittoor Ferry

from the name of first applicant to the name of second applicant. Transfer of





respect of S/C KL 04 Q 7934 operating on the route Aluva-Panangad from




Sri.Jafar Malik I.A.S

District Collector & Chairman RTA

Ernakulam.

Sri.K.Karthik I.P.S

District Police Chief & Member RTA

Ernakulam

Sri.Shaji Madhavan

Deputy Transport Commissioner & Member RTA

Ernakulam

DECISION OF RTA ERNAKULAM HELD ON 28 10 2021 .pdf

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