IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 23514 of 2008(Y) ---------------------------------------- PETITIONERS: ---------------------- 1. THRISSUR-KODUNGALLOOR LIMITED STOP BUS OPERATORS WELFARE SYNDICATE, REPRESENTED BY ITS GENERAL SECRETARY, JOSE KUZHUPPIL, XI/829, NANDAN BROTHERS BUILDING, NEAR SAKTHANTHAMPURAN BUS STAND, VELIYANNOOR P.O., THRISSUR DISTRICT. 2. K.T.JOSE, S/O.THOMAS, KUZHUPPIL HOUSE, PEECHI P.O., THRISSUR-680 653. 3. K.RAJAN, S/O.MADHAVI AMMA, KANDENKAVIL HOUSE, MARATHAKKARA P.O., THRISSUR 680 320. 4. K.PRASANNA KUMAR, S/O.PRABHAKARAN, KANDENKAVIL HOUSE, MARATHAKKARA P.O., THRISSUR 680 320. 5. C.R.GOPINATHAN, S/O.RAGHAVAN, CHEMMANGATTUVALAPPIL HOUSE, AMALA NAGAR P.O., THRISSUR. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. Kss ..2/- ...2..... WPC.NO.23514/2008 Y *ADDL.R3 IS IMPLEADED: R3. K.P.MOHANAN, PRESIDENT, ALL KERALA ORDINARY BUS OPERATOR'S ASSOCIATION, LULU COMPLEX, KATTOOR ROAD, IRINJALAKUDA. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 4/09/2008 IN I.A.NO.11536/08) GOVERNMENT PLEADER SMT.SREELATHA FOR R1 & R2 ADV. SRI.P.DEEPAK FOR ADDL.R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23514/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULAR PERMIT ON THE ROUTE PEECHIDAM- KODUNGALLUR VIA, THRISSUR ISSUED TO THE 2ND PETITIONER. EXT.P2: EXTRACT OF THE TIME SCHEDULE ISSUED IN FAVOUR OF THE 2ND PETITIONER'S PERMIT. EXT.P3: COPY OF THE REGULAR PERMIT ON THE ROUTE ELOOR FERRY- PARAVOOR-KODUNGALLUR AND THRISSUR ISSUED TO THE 3RD PETITIONER. EXT.P4: COPY OF THE TIMING PROCEEDINGS ISSUED TO THE 3RD PETITIONER. EXT.P5: COPY OF THE TIME SCHEDULE DTD. 14/02/2005 ISSUED TO THE 4TH PETITIONER. EXT.P6: COPY OF THE TIME SCHEDULE ISSUED TO THE 5TH PETITIONER. EXT.P7: COPY OF THE NOTICE ISSUED TO THE SECRETARY OF THE 1ST PETITIONER ASSOCIATION BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE PUBLICATION EFFECTED IN MATHRUBHOOMI DAILY DTD. 31/07/2008. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 19/06/2008. EXT.R3(B): COPY OF THE COMMUNICATION DTD. 4/02/2008 ISSUED TO THE PETITIONER UNDER THE RTI ACT. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.23514 of 2008 -------------------------- Dated this the 3rd October, 2008 J U D G M E N T First petitioner is the Thrissur – Kodungallur Limited Stop Bus Operators Welfare Syndicate apparently representing the interest of stage carriage operators who are operating limited stop service in Thrissur-Kodungallur sector. Petitioners 2 to 5 are members of the 1st petitioner. It seems that at the instance of the additional 3rd respondent herein who had filed WPC No.18164 of 2008 alleging that there is disparity in the running time allotted to stage carriage operators operating limited stop service in Thrissur Kodungallur route, the RTA Thrissur convened a conference of all interested persons. This apparently included the 1st petitioner association. The Regional Transport Authority took a decision to direct the Secretary, RTA to enquire the feasibility of the request made by the secretary of Another Association and take appropriate action. A meeting was then convened by W.P ( C) No.23514 of 2008 2 the Secretary, RTA and the following decision was taken. The same reads as follows: “1. To give parity in the running times allotted to different classes of stage carriage services operating on the sector Thrissur- Kodungallore. 2. Allot running time @2.00 Minutes per Kilometre for all Limited Stop Ordinary Services operating on the sector Thrissur-Kodungallore. 3. Allot running time @ 2.15 Minutes per Kilometre for all Ordinary Services operating on the sector Thrissur-Kodungallur. 4. Reschedule the timings of stage carriage vehicles operating on the sector Thrissur-Kodungallur if necessary by convening timing conference 5. While settling the time schedule, consider the actual distance on the rote Thrissur-Kodungallore in which the stage carriage vehicles has to be covered by way of traffic regulations on different townships.” 2. Petitioners approached this court at a point of time when Exhibit P8 was issued, coming across a newspaper report containing a news item to the effect that timings of the operators in the Thrissur Kodungallur route have been revised. This Court passed an interim order on 6.8.2008 which continues to be in force. Thereafter, the additional 3rd respondent got himself impleaded and has W.P ( C) No.23514 of 2008 3 produced Exhibit R3 (b). In my view, if the petitioners are aggrieved by the decision as per Exhibit R3 (b), they are entitled to challenge the same. If the timings of the individual service had been revised then also they have an alternate remedy under the provisions of the Motor Vehicles Act. 3. In the circumstances, the writ petition is disposed of directing the 1st respondent to communicate a copy of Exhibit R3 (a) to the petitioners within a period of three weeks from today. Thereupon, the aggrieved persons, are entitled to take appropriate steps in relation that to within two weeks thereafter. If a person is aggrieved by a revision in the timings, he can challenge the same by way of revision before the State Transport Appellate Authority within two weeks from the date of communication of the decision in the manner aforementioned. State Transport Appellate Authority shall in such an event treat the same as presented in time. 4. The interim order passed by this Court on 6.8.2008 shall continue in force for a further period of six W.P ( C) No.23514 of 2008 4 weeks from today and thereafter it shall abide by the orders to be passed by the appellate authority. (V.GIRI,JUDGE) ma W.P ( C) No.23514 of 2008 5 W.P ( C) No.23514 of 2008 6