High Court Kerala High Court

A.M.Noushad vs The Regional Transport Authority on 15 January, 2010

Kerala High Court
A.M.Noushad vs The Regional Transport Authority on 15 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1494 of 2010(J)


1. A.M.NOUSHAD, AATTUPARAMBATHU HOUSE,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY, R.T.A., TRICHUR.

                For Petitioner  :SMT.SANGEETHA LAKSHMANA

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :15/01/2010

 O R D E R

P.N.RAVINDRAN, J.

—————————————-
W.P.(C) No.1494 of 2010 – J

—————————————-
Dated 15th January, 2010

Judgment

The petitioner is a stage carriage operator operating the stage

carriage bearing registration No.KL/08W-1683 on the route

Guruvayur-Ernakuklam South. Ext.P1 is a true copy of the stage

carriage permit issued to him on 17.2.2007. In the year 2008, the

petitioner applied to the Regional Transport Authority, Thrissur for

variation of the regular permit by curtailing the route from

Koonammavu to Kunnumpuram, via, Pathalam. The Regional

Transport Authority, Thrissur by Ext.P2 order passed on 7.8.2008

declined the said request holding that the curtailment of the route

will adversely affect the pilgrims of the area namely, the area

presently serviced by the petitioner and that the route through

which variation is sought is a well served sector. Aggrieved by

Ext.P2, the petitioner filed M.V.A.A. No.543 of 2008 before the State

Transport Appellate Tribunal. By Ext.P3 order passed on

19.12.2008, the said appeal was rejected. Exts.P2 and P3 are

under challenge in this writ petition.

W.P.(C) No. 1494/2010 2

2. Ext.P3 appellate order was passed on 19.12.2008. This

writ petition was filed on 14.1.2010. The petitioner has explained

the delay in challenging Ext.P3 by stating that though another

counsel was entrusted with the files with instructions to file a writ

petition, he had not made arrangements for filing the writ petition.

The Regional Transport Authority, Thrissur and the State Transport

Appellate Tribunal, Ernakulam have in the impugned orders held

that curtailment of the route from Koonammavu to Kunnumpuram

via. Panaikulam, Pathalam and Majummel will adversely affect the

residents of the said locality and that the sector from Guruvayur to

Kunnumpuram via. Varapuzha bridge is served by other operators

including the Kerala State Road Transport Corporation. The

authorities concerned have held that if the request made by the

petitioner for curtailment of the route is granted, residents of the

locality which is presently served by the petitioner’s stage carriage

bus will be put to considerable difficulty. The State Transport

Appellate Tribunal has also noticed that the convenience or

inconvenience of the travelling public is a relevant consideration

while granting or rejecting a request for curtailment of the route.

W.P.(C) No. 1494/2010 3

3. I have considered the submissions made at the Bar by

Smt.Sangeetha Lakshmana, the learned counsel appearing for the

petitioner. On going through the pleadings and after hearing the

submissions made at the Bar, I am in full agreement with the

Regional Transport Authority and the State Transport Appellate

Authority that if the curtailment of the route sought by the

petitioner is granted the travelling public including the residents of

the locality presently served by the petitioner’s stage carriage bus

will be put to considerable difficulty. The view taken by the

Regional Transport Authority and the State Transport Appellate

Tribunal is a plausible view on the facts and it cannot be said to be

perverse warranting interference under Article 226 of the

Constitution of India.

I accordingly hold that no grounds have been made out to

interfere with Exts.P2 and P3. The writ petition fails and is

accordingly dismissed.

P.N.RAVINDRAN
Judge

vaa