High Court Kerala High Court

N. Reghunatha Pai vs The State Transport Authority on 2 January, 2007

Kerala High Court
N. Reghunatha Pai vs The State Transport Authority on 2 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22468 of 2003(Y)


1. N. REGHUNATHA PAI,
                      ...  Petitioner

                        Vs



1. THE STATE TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.SAJEEV KUMAR K.GOPAL

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.R.RAMAN

 Dated :02/01/2007

 O R D E R
                                 P.R.RAMAN, J.

                          ```````````````````````````

                       W.P.(C) NO. 22468 OF 2003

                          ```````````````````````````

               Dated this the 2nd day of January, 2007


                                J U D G M E N T

Petitioner is an inter state stage carriage operator on the

route Mangalore-Badiyadka granted by the Karnataka State

Transport Authority and duly countersigned by the STA, Kerala.

Subsequently the petitioner applied for regular variation by

extending the route from Kumbala to Kasargode and curtailing

the route from Kumbala to Badiyadka. The State Transport

Authority , Bangalore granted the variation sought for, but the

counter signature was rejected by the STA, Kerala. At the time

when he applied for counter signature, he also wanted a

replacement of the vehicle by substituting the vehicle KA.21/A

2777 in the place of KA.16/A 3393. The capacity of the proposed

vehicle to be substituted was only 35 in all, as against 48 plus two

capacity of the existing vehicle KA.16/A 3393. Since the

difference between the two vehicles exceeds 25%, applying note

to Sub Rule 3 to Rule 174 of K.M.V. Rules 1989, the replacement

sought for was rejected and considered the claim for counter

signature in respect of KA.21/A 2777 as though it is for a fresh

WPC 22468/2003

: 2 :

permit. In that regard it was held that there should be mutual

agreement between the concerned states in respect of inter state

route and applying the principles in the decision reported in

Ashwani Kumar v. Regional Transport Authority (AIR 1999

SC 3888), it was held that in the present case there was no such

mutual agreement and an application for counter signature for

permit was rejected. The petitioner though filed an appeal before

the State Transport Appellate Tribunal has not challenged the

finding as regards the replacement of the vehicle is concerned. In

other words, the finding as regards the claim for replacement of

the vehicle stood concluded by the decision of the STA. The

Tribunal however held that the principle contained in AIR 1999

SC 3888 will apply even to counter signature of existing route.

Challenging the same, the petitioner has come up with this writ

petition seeking to quash Exhibits P5 and P6.

2. Heard both sides.

3. As far as application for replacement of the vehicle is

concerned, since the petitioner did not challenge the finding in

Exhibit P5 before the Appellate Tribunal, the same has become

final and as such the petitioner is now running vehicle KA. 16/A

WPC 22468/2003

: 3 :

3393 in the same route as originally granted. The STA rejected

the application for counter signature as against the vehicle

KA.21/A 2777, but did not consider the application for counter

signature as against the vehicle KA.16/A 3393. As a matter of

fact, even the Tribunal did not address this question in this

regard.

4. It is averred by the petitioner that he applied before

the 1st respondent for the grant of counter signature for variation

of the existing permit. He also preferred an application for

replacement of the vehicle by stage carriage KA.21/A 2777 and

both the applications came up for consideration. Exhibit P5 is a

common order passed in those applications. In Exhibit P5, though

the STA rejected the application for replacement, he did not

consider the application for counter signature in respect of the

existing stage carriage. On the other hand, he considered the

application for counter signature in respect of the proposed

vehicle to be replaced namely KA.21/A 2777.

5. In the circumstances, Exhibit P6 is quashed. As far as

Exhibit P5 is concerned, it is set aside to the limited extent of

refusal to consider the claim for counter signature as against the

WPC 22468/2003

: 4 :

vehicle KA.16/A 3393. In other words, the finding as regards the

replacement of the vehicle with another vehicle is concerned, it

has already reached the finality. In the circumstances, there will

be a direction to the STA to reconsider the matter as to whether

the counter signature in the permit could be issued in respect of

the vehicle KA.16/A 3393 as applied for. The matter is remanded

to the STA for such consideration.

Writ petition is disposed of as above.

P.R.RAMAN, JUDGE

Rp