IDUKKI DISTRICT PRIVATE BUS OPERATORS' ASSOCIATION, (KATTAPPANA UNIT) v. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI & Ors.

R1, R3 & R4 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C). NO.25769/2012-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: A TRUE COPY OF THE MINUTES OF THE MEETING OF THE KUMILY TRAFFIC REFORMS COMMITTEE HELD ON 3/10/2012. EXT.P2: A TRUE COPY OF TIME SCHEDULE OF KL-07/AC 3768. EXT.P2(A): A TRUE COPY OF TIME SCHEDULE OF KL-06/A 5898. EXT.P2(B): A TRUE COPY OF TIME SCHEDULE OF KL-17/J 2005. EXT.P3: TRUE COPY OF THE QUERY DTD. 10/10/2012 AND REPLY DTD. 17/10/2012 OF THE SECRETARY, KUMILY GRAMA PANCHAYATH. EXT.P4: A TRUE COPY OF THE REPRESENTATION DATED 22/10/2012. EXT.P5: TRUE COPY OF THE JUDGEMENT IN OP.15117/1994 DATED 25/7/1997. EXT.P6: A TRUE COPY OF THE ORDER DATED 26/8/2011 IN W.P.(C)..23228/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE Prv. HARUN-UL-RASHID,J. ------------------------- W.P.(C).NO. 25769 OF 2012 ------------------------- DATED THIS THE 14TH DAY OF NOVEMBER, 2012 JUDGMENT Writ Petition is filed seeking to quash Ext.P1 to the extent it relates to Serial No.1 in the list of decisions.

2. The Ist petitioner is an association of stage carriage operators and the 2nd petitioner is the stage carriage operator. Ext.P1 is the copy of the minutes of the Traffic Reforms Meeting held on 3/10/2012. It is submitted that on that day the meeting was held under the stewardship of the President of the Kumily Grama Panchayat and number of decisions were taken with a view to streamline and reform the traffic arrangements in vogue in Kumily town. Representatives of Motor Vehicle Department, KSRTC Department, Different Trade Unions of KSRTC, Members of Kumily Grama Panchayat, Members of Taxi Drivers Union, Private Bus Owners Association, Private Bus Operators Association and other leaders of the political parties attended the meeting. In the said meeting one of the resolution passed W.P.(C).No.25769/2012 -2- is “during the night hours buses shall not be allowed to park at Kumily Bus Stand for more than half hour. During morning hours the existing time schedules shall be followed.” It is submitted that the stage carriages that are parked at Kumily bus stand during the night hours are invariably the long distance inter-district services that operate to Ernakulam, Kottayam etc., that all these services operate only one round trip per day, that the time schedules of these services have been approved by the Transport Authorities in such a way that the waiting time at Kumily, i.e. the interval between the arrival and departure of the service varies between 30 minutes and six hours and that certain services have only an idling time of less than an hour and for other services it may extend to more than five hours between trips. It is pointed out that the long distance stage carriages operating on the route during night hours have been allowed to park in the bus stand itself, ever since the inception of the bus stand at Kumily more than 30 years ago. It is further pointed out that Kumily Grama Panchayat has not provided W.P.(C).No.25769/2012 -3- any separate parking place for stage carriages other than the space provided for the bus stand. It is submitted that the parking of the stage carriages at any public space including the road margins is expressly prohibited by virtue of the provisions contained in the Kerala Panchayat Raj (Landing places, parking places and Cart stands) Rules, 1995. It is also pointed out that the authority competent to take a decision touching on the operation of transport vehicles including stage carriages, is the Regional Transport Authority concerned. In the circumstances, the petitioners contended that Ext.P1 to the extent it prohibits the stage carriages from waiting for more than half hour at the approved bus stand is illegal. Hence, the petitioners submitted a complaint to the District Collector, Idukki stating that the non-statutory and adhoc committees are interfering with the matters, which are within the exclusive power of the RTA. Ext.P4 is the copy of the representation dated 22/10/2012. It is also submitted that the impugned decision has been taken in violation of the principles of W.P.(C).No.25769/2012 -4- of natural justice and void ab initio. It is contended that that the petitioners were neither put on notice nor heard before impugned decisions were taken. It is also submitted that the lst petitioner is the sole representative body of stage carriage operators in Kattappana Taluk and in all matters involving stage carriage operations in Kattappana Taluk it is invariably the practice to hear the lst petitioner-association as well.

3. Learned counsel for the contesting respondents submitted that Ext.P1 decision was taken only in the interest of the public and the reforms contemplated is to avoid traffic congestion. This Court is of the view that such a decision has been taken to smooth traffic and in the better interest of the public. But such restrictions have to be implemented according to the statutory provisions. Decision No.1 in Ext.P1 can be considered by the statutory authority. Going by the provisions of the Motor Vehicles Act it is for the Regional Transport Authority and other statutory authorities, who are employed under the statute are the authorities W.P.(C).No.25769/2012 -5- to impose reforms and restrictions according to law and the authority under the statute has not considered the recommendations of the representative body assembled on 3/10/2012 and passed Ext.P1minutes. In the circumstances, the writ petition is disposed of directing the lst respondent Regional Transport Authority to consider Ext.P4 representation submitted by the petitioners and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners and other affected parties. . kcv. HARUN-UL-RASHID, JUDGE.