IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 17782 of 2009(P) -------------------------- PETITIONERS: -------------------- 1. THE MANAGING DIRECTOR, M/S.CONFRATE CARGO SERVICES PRIVATE LTD., 24/1572. WILLINGTON ISLAND, KOCHI, REPRESENTED BY BALAGOPALA B. PAI. 2. REGHA B.PAI, 8/36 A, PRABHU BAGH STREET, COCHIN-2. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENTS: --------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, ALONG WITH WPC NO. 17782 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17782 of 2009(P) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF THE NATIONAL PERMIT WITH ENDORSEMENT REGARDING RENEWAL TILL 29.3.2011 DATED 20.10.2005 IN RESPECT OF KL-07/AC. 8862. P2 : COPY OF THE AUTHORISATION ISSUED IN RESPECT OF KL-07/AC.8862 DATED 4.4.2008. P3 : COPY OF THE NATIONAL PERMIT IN RESPECT OF KL-7/W.6546 ALONG WITH THE ENDORSEMENT REGARDING RENEWAL TILL 12.4.2009 DATED 6.5.2004. P4 : COPY OF THE AUTHORISATION ISSUED IN RESPECT OF KL-7/W.6546 DATED 20.5.2008 P5 : COPY OF THE APPLICATION FOR RENEWAL OF AUTHORISATION SUBMITTED BY THE 1ST PETITIONER IN RESPECT OF KL-7/AC.8862 DATED 28.3.2009. P6 : COPY OF THE APPLICATION FOR RENEWAL OF THE NATIONAL PERMIT IN RESPECT OF KL-7/W.6546 DATED 8.4.2009. P7 : COPY OF THE APPLICATION FOR RENEWAL OF AUTHORISATION IN RESPECT OF KL-7/W.6546 DATED 8.4.2009. P8 : COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN RESPECT OF KL- 07/AC.8862 DATED 20.5.2009 P9 : COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN RESPECT OF KL- 07/W.6546 DTED 20.5.2009. RESPONDENTS' EXHIBITS: R1(A) : COPIES OF THE CHARGE MEMOS WITH RESPECT TO VEHICLE NO.KL.07-AC- 8862 R1(B) : COPIES OF THE CHARGE MEMOS WITH RESPECT TO VEHICLE NO.KL.07-W- 6546. // TRUE COPY // P.A. TO JUDGE. app/- V.GIRI, J. ------------------------- W.P ( C) Nos.17782 & 17783 of 2009 ------------------------------------------------- Dated this the 28th July, 2009 J U D G M E N T Common contentions have been raised in these writ petitions. Therefore, they have been heard together and are disposed of by this common judgment. 2. I will refer to the facts in WP(C) No.17782/09 in the first instance. 3. The 1st petitioner is a registered owner of a heavy goods carriage bearing registration No.KL.7/AC.8862 and the 2nd petitioner is the owner of the heavy goods carriage bearing registration No.KL-7/W.6546. Both these carriages have a national permit. They have an open platform type of body which can be used only for the transportation of cargo containers. 4. The goods carriage belonging to the petitioners are also covered by Ext.P1 and P3 national permits and they W.P ( C) Nos.17782 & 17783 of 2009 2 have also been issued authorisation as evidenced by Exts.P2 and P4. They are also authorised to be used with a tourist permit or a national permit as evidenced by Exts.P2 and P3. The authorisation requires a renewal and the petitioners applied for renewal as evidenced by Exts.P5 and P7. The authorisation has not been renewed. Pending renewal of the authorisation and renewal of the national permit Exts.P8, P9 notice were issued to the petitioners requiring them to remit the compounding fee relatable to certain alleged violations under section 113(3) b read with section 194 of Motor Vehicles Act. The alleged violation relates to overloading of the vehicles. 5. By the impugned notices petitioners have been directed to pay a compounding fee. Petitioners contend that they have not agreed for compounding. Hence the writ petition challenging Exts.P8 and P9 and also seeking a direction to renew the permit and authorisation as the case may be. W.P ( C) Nos.17782 & 17783 of 2009 3 6. Counter affidavit has been filed by the respondents affirming that an operation of the vehicles belonging to the petitioners, charge memo for offence under section 113(3) b read with 194 of Motor Vehicles Act were issued. Charge memo was issued to the petitioners but further steps in terms of section 86 read with 194 of Act have not been completed so far. 7. In the circumstances, I am of the view that a direction to pay a compounding fee at this stage may not be justified. Therefore further proceedings pursuant to the check report issued against the petitioners either under section 86 or under section 194 of the Motor Vehicles Act shall be taken and completed within six months from the date of receipt of a copy of this judgment. It is open to the petitioners, in the meanwhile to compound the offences in accordance with law. But orders on applications for renewal of the permit or renewal of the authorisation as the case may be shall be passed within three weeks, without W.P ( C) Nos.17782 & 17783 of 2009 4 reference to the proceedings to be taken, pursuant to the check reports issued to the petitioners. The discussion and directions issued in relation to the W.P.(C) No.17782/2009 shall apply in equal measure to W.P.(C) No.17783/2009. Both writ petitions are disposed of as above. (V.GIRI,JUDGE) app/-