K.M. Navas Vs. Regional Transport Authority - Court Judgment

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 WP(C).No. 9540 of 2014 (N) --------------------------- PETITIONER(S): -------------------------- K.M. NAVAS KOTTAPURATH HOUSE CHERANELLORE PO KOCHI34BY ADV. SRI.P.DEEPAK RESPONDENT: --------------------- REGIONAL TRANSPORT AUTHORITY ERNAKULAM BY GOVERNMENT PLEADER MR.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0104- 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC954014 -2- APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE TIME SCHEDULE ISSUED TO KL-07/BF1615EXT.P2 TRUE COPY OF THE DECISION OF THE RESPONDENT DT.6.1.2014 EXT.P3 TRUE COPY OF THE REPORT OF THE FIELD OFFICER DT.25.10.2013 TRUE COPY PS TO JUDGE K.VINOD CHANDRAN, J.

............................................................... WPC No.9540 of 2014 ............................................................... Dated this, the 1st day of April 2014 Judgment The petitioner is a permit holder on the route Cheranelloore-Thripunithura via Edappally, Kaloor, South, Vyttila, Kundannur and Maradu. The timings in respect of all the eight trips have been settled as per Ext.P1. The petitioner sought for the following variation with respect to three trips, which is disclosed from Ext.P3 report of the Field Officer : "(1) Deviation - a. 3.3 kms deviating 1st trip from Kaloor to Kadavanthra (via) K.K.Road instead of jetty & south. b. 1.5 kms, deviating 5th trip from Gandhi Square to Thripunithura (via) Mini bypass instead of Irumbupalam. c. 6.3 kms deviating 7th trip from Edappally Signal jn to Vyttila (via) Bypass instead of Irumbupalam. (2) Curtailment - a. 7 kms, curtailing 1st trip from Kaloor to Kadavanthra (via) south & jetty b. 1.8 kms curtailing 5th trip from Gandhi Square to WPC No.9540 of 2014 2 Thripunithura (via) Irumbupalam c. 14.5 kms curtailing 7th trip from Edappally Signal jn to Vyttila (via) jetty & south (3) Change in starting and halting place : Nil. (4) 5 minutes stay at Kaloor in the 4th trip starting from Thripunithura in the same time and reaches at Cheranelloor 2.55 pm instead of 2.50 pm due to the stay at Kaloor, i.e, arrival- 2.17 pm and departure at 2.22 pm. (5) 3 minutes stay at Kaloor in the 8th trip starting from Thripunithura in the same time and reaches at Cheranelloor 9.03 pm instead of 9 pm due to the stay at Kaloor, i.e, arrival 8.27 pm and departure at 8.30 pm." With respect to the effects of variation, the Field Officer has noted under Item 14 thus : "Any curtailment will adversely affect the travelling public and school children in the enroute area, but in this case, only trip curtailment are required. Also KSRTC operating in this route and there is indirect services from other sectors hence it much not affect the travelling public." The report of the Field Officer is that the travelling public will not be affected and that the sector in which the curtailment is sought for, is sufficiently served by other services, including K.S.R.T.C. WPC No.9540 of 2014 3 The R.T.A., however, rejected the prayer for deviation on the ground that by the variation, what the petitioner seeks is, revision of his timings. It is trite that if variation is granted, the timings would have to be revised in accordance with the variation after hearing the other operators on the route. But, that alone cannot stand in the way of a deviation being granted if the same does not at all affect the travelling public and public interest demands so. In such circumstances, Ext.P2 is set aside and there shall be a direction to the RTA to consider afresh the request for variation made by the petitioner in accordance with the report of the Field Officer. The same shall be done at the next meeting of the RTA. The Writ Petition is disposed of as above. No order as to costs. K.VINOD CHANDRAN, JUDGE sta WPC No.9540 of 2014 4 WPC No.9540 of 2014 5