IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 13557 of 2009(L) -------------------------- PETITIONER(S): --------------- N.MOIDEENKUTTY HAJI, NALAKATH HOUSE, T.C.ROAD, TIRURANGADI. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY-CUM- REGIONAL TRANSPORT OFFICER, MALAPPURAM. GOVERNMENT PLEADER SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.13557 of 2009 ================== Dated this the 17th day of September, 2009 J U D G M E N T The petitioner is a stage carriage operator operating on the route Kozhikode-Kadampuzha-Tirur. The petitioner is presently operating with a rate of running time of 1.75 minutes per km. The petitioner alleges in the writ petition that while all other services in the similar category on the same route are operating with 1.5 minutes per km, the petitioner alone is being discriminated by fixing a rate of running time of 1.75 minutes per km, which is discriminatory. The petitioner, therefore, filed a request for parity of running time. The petitioner seeks a direction to consider the petitioner's request in that regard. 2. A counter affidavit has been filed by the 1st respondent stating that other vehicles mentioned in the writ petition, to which 1.5 minutes per km. rate of running time is granted, are not running in the same route as the petitioner. In the counter affidavit the respondent has stated thus: “2. The petitioner has submitted an application for reduction of running time to 1.5 minutes per km in respect of his vehicle KL-10-R- 9331 operating on the route Kozhikode - Kadampuzha via Tirur. The contenton of the petitioner that S/C KL-10-C-1566, KL-8-AD-7799 and KL-8-Z-3232 are plying on the identical route with a running time of 1.5 minuts per km is not correct. KL-10-C 1566 was permitted to operate on the route Kozhikode-Thrissur via Kadambuzha. Subsequently this vehcile ws replaced by KL-8-AD 7799 and again by KL-11-AC 6145. So the contention of the petitioner that KL-10-C-1566 and kL-8-AD-7799 are operating on the identical route is incorrct. These vehicles were permitted to operate on the route Thrissur-Kozhikode touching Kadaqmpuzha and 2 not on the route Kozhikode Kadampuzha touching Tirur. 3. So also, S/C KL-8-Z-3232 is permitted to operate on the route Azheakkode-Kozhikode, and the permit is issued by the Secretary, Regional Transport Authority, Thrissur and not by the Secretary Regional Transport Authority, Malappuram. This vehicle is having a running time of 1.5 minutes per km. 4. All the above buses are operating for more than 125 kms. Kozhikode-Thrissur route is having a distance of 130 kms and Azheakode- Kozhikode is having 162 kms, whereas the petitioner's vehicle is operating only a distance of 60 kms. Moreover the road of Kadambuzha to Tirur is not a wide road so as to pass a stage carriage with high speed. If the request of the petitioner is allowed it will endanger the life and property of the public. Moreover umpteen number of vehicles are put on road every day. In the above circumstances the request of the petitioner to reduce the running time cannot be allowed.” 3. I am of opinion that the petitioner has not come before this Court with clean hands. The petitioner has drafted the writ petition as if, vehicles for which rate of running time of 1.5 minutes per km is given are running in the same route as that of petitioner. Even otherwise, I am satisfied that the reasons stated in the counter affidavit for the difference in running time are very cogent and sustainable. That being so, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge