Decision - 05052015 (RTA-KZK)

1
Decision of Regional Transport Authority, Kozhikode, Meeting to
be held on 05/05/2015 at Collectorate Conference Hall, Kozhikode
at 10.30AM.
PRESENT:
1. SRI,N.PRASANTH. IAS, DISTRICT COLLECTOR AND CHAIRMAN
REGIONAL TRANSPORT AUTHORITY, KOZHIKODE.
2. SRI. P.H.ASHRAF, IPS, SUPERINTENDENT OF POLICE
KOZHIKKODE (RURAL) AND MEMBER OF REGIONAL
TRANSPORT AUTHORITY, KOZHIKODE.
3. SRI.NARAYANAN POTTI.S.N, DEPUTY TRANSPORT COMMISSIONER
AND MEMBER OF REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE.
Item No. 1
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Item No. 2
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Item No. 3
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Item No. 4
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Item No. 5
Heard. The nature of service in respect of S/C KL 11 U 5688 is not
mentioned. Secretary RTA is directed to obtain a report regarding the
class of service and place before next RTA.Hence Adjourned.
Item No. 6
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Chairman
Member 1
Member 2
2
Item No. 7
Heard. This is a super fast service and the concurrence is sought for the
renewal of the same. As per GO (p) No.73/2013 Trans dtd. 16-7-2013
issued as SRO No. 555/2013, the permit issued in the private sector
prior to on or before the Notification will be allowed to continue till the
date of expiry of the existing permit and there after no permit shall be
renewed or regular permit and temporary permit will grant as fresh
except otherwise this provided in Sec,99(2) of MV Act. The permit is not
renewable as per the above mentioned Notification. Hence the request
for the concurrence is kept in abeyance subject to the disposal of cases
before the Hon’ble High court of Kerala.
Item No. 8
Heard. Granted concurrence for renewal of regular stage carriage
permit without prejudice to the right of the primary authority to fix the
class of service according to the length of route.
Item No. 9
Heard. This is a super fast service and the concurrence is sought for the
renewal of the same. As per GO (p) No.73/2013 Trans dtd. 16-7-2013
issued as SRO No. 555/2013, the permit issued in the private sector
prior to on or before the Notification will be allowed to continue till the
date of expiry of the existing permit and there after no permit shall be
renewed or regular permit and temporary permit will grant as fresh
except otherwise this provided in Sec,99(2) of MV Act. The permit is not
renewable as per the above mentioned Notification. Hence the request
for the concurrence is kept in abeyance subject to the disposal of cases
before the Hon’ble High court of Kerala.
Item No. 10
Heard. (a) The applicant offered no ready vehicle.
(b) The applicant has not furnished the mandatory details as per
the application form prescribed under Rule 143(a) of KMV Rule 1989
such as seating capacity, maximum laden, wheel base, and number of
wheels. Hence the application for Fresh regular permit is adjourned.
Item No. 11
Heard the learned counsel represented the applicant.The field officer
reported that there is an overlapping of 2km in Nationalised Sector out of
a total route length of 29.6km. This violates the scheme of clause 19 of
Notification in GO 42/2009. Hence Adjourned with a direction to the
applicant to re submit with a modified application to come the
overlapping within the permissible limit.
Chairman
Member 1
Member 2
3
Item No.12
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 R 1941 is allowed as applied for.
Item No13
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 AN 9751 is allowed as applied for and
renewal of permit granted.
Item No. 14
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 Q 9256 is allowed as applied for.
Item No. 15
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 Y 4347 is allowed as applied for.
Item No. 16
The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 10 L 1328 is allowed as applied for.
Heard.
Item No. 17
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 04 L 2751 is allowed as applied for.
Item No. 18
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 07 AL 9987 is allowed as applied for.
Item No. 19
Heard. . The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 17 D 6590 is allowed as applied for.
Chairman
Member 1
Member
4
Item No. 20
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 48 F 8065 is allowed as applied for.
Item No. 21
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 AC 189 is allowed as applied for.
Item No. 22
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 Z 6669 is allowed as applied for.
Item No. 23
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 S 9118 is allowed as applied for.
Item No. 24
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 AE 5809 is allowed as applied for.
Item No. 25
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 17 9034 is allowed as applied for.
Item No. 26
Heard.
This vehicle has two check reports with the same nature of
offence and also LAR objections.Secretary RTA is directed for a detailed
report regarding check reports and LAR objectios and place before next
RTA. Hence Adjourned.
Item No. 27
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 Y 3141 is allowed as applied for.
Chairman
Member 1
Member
5
Item No. 28
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 57 C 9497 is allowed as applied for.
Item No. 29
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 T 1089 is allowed as applied for.
Item No. 30
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 57 6573 is allowed as applied for.
Item No. 31
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 57 C 5010 is allowed as applied for.
Item No. 32
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 13 J 1767 is allowed as applied for.
Item No. 33
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 57 4389 is allowed as applied for.
Item No.34
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 N 9610 is allowed as applied for.
Item No. 35
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 10 T 8859 is allowed as applied for.
Item No. 36
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 10 Z 3437 is allowed as applied for.
Chairman
Member 1
Member 2
6
Item No.37
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 57 D 5400 is allowed as applied for.
Item No.38
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 Q 6082 is allowed as applied for.
Item No.39
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 57 A 819 is allowed as applied for.
Item No.40
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 T 9595 is allowed as applied for.
Item No.41
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 57 A 22 is allowed as applied for.
Item No.42
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 56 H 4437 is allowed as applied for.
Item No.43
Heard. The learned counsel represented both the applicants. Transfer
of permit in respect of S/C KL 11 R 5004 is allowed as applied for.
Item No.44
Heard the learned cousel.The granted renewal of permit is subject to the
seeking of concurrence from RTA Malappuram since the route length in
RTA Malappuram exceeds 20 Kmrs.
Chairman
Member 1
Member
7
Item No.45
Heard the counsel of the applicant.Adjourned as per the request of
Advocate Sri-Muralidharan.
Item No.46
Heard the learned counsel for the permit holder.Renewal of regular
permit in respect to S/C KL 65 F 1027 is granted for 5 years subject to
the conditions of Judgment in WP(C ) 22196 of 2009 of Hon’ble High
Court of Kerala
Item No. 47
Heard. Perused judgment in MVAA/9/2015 dt 6-3-15 and Judgment in
WPC/12834/15-D dt 28-04-2015 read with decision of Hon High court in
2004(2) KLJ 451.
The validity of Regular permit of route bus KL 13 B 1605 expired on 25-102004. According to the applicant, the vehicle was scrapped in Feb 2004 itself,
ie. even before the expiry of regular permit. Vehicle completed 15 years on 1205-2010. The difference in seating capacity of the vehicle for replacement with
route bus also exceeds 25 %.
Tax remitted in respepct of route bus by RR upto 30-06-2014 with a short
collection for Rs. 500/- . In this case, tax in respect of route bus also cannot
be demanded during the coverage of regular permit ie at the time of renewal of
permit, if the vehicle scrapped in Feb 2004.
RTA in its decision dt 14-11-14
vide item 73 had also rejected the application for renewal of permit.
However, in compliance of judgment of Hon STAT, replacement and renewal
of permit granted subject to the settlement of timings. However the Secretary
RTA is directed to file a review petition before the Ho’ble STAT. The granting is
subject to the outcome of the Judgment in revision petition to be filed by
Secretary RTA before Hon’ble STAT.The registered owner is also directed to
remit the requisite fee for renewal and replacement of permit and clearance of
tax arrears of both vehicles.
Item No. 48
Heard the learned counsel for the permit holder.Delay condoned and
Renewal of regular permit in respect to S/C KL 11 S 9811 is granted for
5 years subject to the conditions in Judgment of WP(C ) 22196 of 2009
of Hon’ble High Court of Kerala
Item No. 49
Heard.Discussed this in detail. As per the existing time sheet Medical
college is shown but in proposed time it is not shown Medical college as a
point. The applicant is directed to produce a modified time with inclusion
of Medical college.Hence Adjourned
Chairman
Member 1
Member 2
8
Item No. 50
Heard. Variation granted subject to the settlement of timings in
accordance with the decision of STA, Kerala communicated vide order
No. D3/875/STA/2005 dated 8.11.2011.
Item No. 51
Heard. The field officer reported that the proposed variation overlaps in
Nationalised sector.This violates the scheme of clause 19 of Notification
in GO 42/2009. Hence rejected.
Item No. 52
Heard. The field officer reported that the proposed variation exceeds 24
kmrs. This violates Section 80 (3) of Motor Vehicles Act. Hence rejected.
Item No. 53
Heard. Discussed this in detail.Severe objections raised by the public
against the curtailment of service from Thiruvambady to Mukkom since
the withdrawal of service will adversely affect the traveling public of that
sector.Hence
curtailment
is
rejected
and
extension
from
Thambalamanna to Mukkom granted subject to settlement of timings in
accordance with the decision of STA, Kerala communicated vide order
No. D3/875/STA/2005 dated 8.11.2011.
Item No. 54
Heard. The field officer reported that the proposed variation exceeds 24
kmrs. This violates Section 80 (3) of Motor Vehicles Act. Hence rejected
Item No. 55
Heard.Perused the Judgment in MVAA No.15/2015 of Hon’ble STAT and
the first trip REC to Punnakkal via Karuvampoyil ,Koduvally and Last
trip Thiruvambady to REC via Koduvally-Karuvampoyil granted subject
to settlement of timings in compliance of above Judgment and
curtailment from Thiruvambady to Punnakkal is rejected
Item No. 56
Heard. The field officer reported that the proposed variation overlaps in
Nationalised sector on the route Kunnamangalm to Karanthur.This
violates the scheme of clause 19 of Notification in GO 42/2009.Hence
rejected.
Chairman
Member 1
Member 2
9
Item No. 57
Heard. Discussed this in detail. As per the existing time sheet Medical
college is shown but in proposed time it is not shown Medical college as a
point. The applicant is directed to produce a modified time with inclusion
of Medical college.Hence Adjourned.
Item No. 58
Heard. Perused the Judgment of Hon’ble STAT in MVAA No.75/2015. In
compliance of the Judgment,Replacement granted for the resumption of
service in respect of the vehicle KL 57 B 660 in the vacant time of KL 11
AB 4469 for which the regular permit validity is upto 19-2-2017
Item No. 59
Heard. Granted a bustop near Subramhania Temple.
Item No.60
Heard. Granted a bustop for a limited bus stop at Chettikulam.
Supplimentary Item
S.Item No.1
Heard. The learned counsel represented both the applicants. Transfer of
permit in respect of S/C KL 11 AD 1397 is allowed as applied for.
S.Item No.2
Heard. On further enquiry by the field officer it revealed that the
withdrawal of 3 trips will affect the traveling public of that area since
only three buses are there from Kozhikode to Balussery. The remaining 5
buses are from Veeriambram to Balussery. More over the commuters of
that sector argued for retaining the existing trips. Hence extension from
Balussery to Karattupara granted by retaining all trips to Veeriambram
subject to settlement of timings in accordance with the decision of STA,
Kerala communicated vide order No. D3/875/STA/2005 dated
8.11.2011.
S.Item No. 3
Heard. Granted a bus stop for Limited Stop buses near Institute of Chest
Disease, Kozhikode.
Chairman
Member 1
Member 2
10
SRI.N.PRASANTH, IAS, DISTRICT COLLECTOR AND
CHAIRPERSON, REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE.
SRI. P.H.ASHRAF, IPS, SUPERINTENDENT OF POLICE
KOZHIKODE (RURAL) AND MEMBER OF REGIONAL
TRANSPORT AUTHORITY, KOZHIKODE.
SRI. NARAYANAN POTTI.S.N, DEPUTY TRANSPORT
COMMISSIONER AND MEMBER OF REGIONAL
TRANSPORT AUTHORITY, KOZHIKODE.