IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 22389 of 2008(M) -------------------------- PETITIONER(S): --------------- V.C.SEBASTIAN, S/O.M.C.CHAKKUNNY, VADAKOODAN HOUSE, VELLATTANJUR, VELLUR. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REP. BY ITS SECRETARY. 2. THE SECRETARY, RTA, MALAPPURAM 3. S.VENKATACHALAM, HOUSE NO.31/78 LAKSHMI VIHAR,PALAPARAMBU LANE POONKUNNAM, THRISSUR. 4. SECRETARY, RTA, KOZHIKODE. ADV. SRI.I.DINESH MENON FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON 16/06/2009 DELIVERED THE FOLLOWING: WP(C)No.22389/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE AGENDA IN ITEM NO.50 EXHIBIT P2: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25.02.2005 EXHIBIT P3: TRUE COPY OF THE PROCEEDINGS OF THE RTA, THRISSUR DATED 05.01.2008 EXHIBIT P4: TRUE COPY OF PROCEEDINGS OF THE SECRETARY RTA, MALAPPURAM DATED 24.01.2008. EXHIBIT P5: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25.06.2008. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ----------------------------- WP(C) No.22389 of 2008 ----------------------------- Dated this the 16th day of June, 2009 JUDGMENT The Petitioner is a stage carriage operator conducting service on the route Valakkavu - Thiroor via Thrissur, Kunnamkulam, Changaramkulam, Edappal, Kuttipuram. The 3rd Respondent was granted a regular permit to operate on the route Thrissur - Guruvayoor - Kozhikode with a cut trip between Thrissur and Valancherry. This route is an inter- district route passing through three districts namely Thrissur, Malappuram and Kozhikode. The permit was granted by the RTA, Malappuram since major portion of the route lies within the jurisdiction of the RTA, Malappuram. As required under Section 88 of the Motor Vehicles Act, the permit was counter signed by the RTAs of Thrissur & Kozhikode. The said stage carriage, as per the terms of the permit, conducts an additional trip between Thrissur and Valancherry. The 3rd Respondent applied for extension of this WP(C) No.22389 of 2008 :2: cut trip from Valancherry to Kozhikode. The portion between Valancerry and Kozhikode lies within the jurisdiction of the RTA, Kozhikode. However, since the primary authority granting the permit was the RTA, Malappuram, application was submitted before that RTA. That application was rejected by the said RTA. In M.V.A.A.No.108/04 filed by the 3rd Respondent against that order, the STAT directed the grant of variation in accordance with law. The application of the 3rd Respondent was accordingly considered in the meeting held on 25.02.2005 and the variation was granted as directed by the tribunal. According to the Petitioner, Ext.P2 would become operational only on the same being countersigned by the RTA, Kozhikode. The 3rd Respondent did not take any step for getting the variation endorsed on the permit by obtaining countersignature is the contention of the Petitioner. In the meantime the validity of the regular permit expired and he submitted application for renewal as originally WP(C) No.22389 of 2008 :3: granted. Concurrence was sought for the renewal from the RTA, Thrissur and Kozhikode. The RTA, Kozhikode granted the concurrence on 17.11.2007 for renewal of the original route. The RTA, Thrissur granted the same on 05.01.2008. The 3rd Respondent approached this Court contending that he has not been issued with the variation which is earlier granted. This court directed the RTA to convene a timing conference and to issue the permit with variation also. Pursuant thereto a timing conference was held and timings were settled. The permit was also issued. The Petitioner now contends that in so far as the petitioner has not obtained the counter signatures from RTAs of Thrissur and Kozhikode, he cannot operate the stage carriage on the strength of the permit and seeks the following reliefs: WP(C) No.22389 of 2008 :4: i) declare that Ext.P2 order would be operative only if it is counter signed by the RTA, Kozhikode; ii) issue a writ in the nature of mandamus commanding the respondents 1,2 & 4 to prevent unauthorized operation on the extended portion between Valancherry and Kozhikode without counter signature; iii) issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts and in the circumstances of the instant case ; and iv) award the costs of this case to the petitioner. 2. I have heard the Counsel for the Petitioner, the Government Pleader and the Counsel for the 3rd Respondent. I am not inclined to countenance the WP(C) No.22389 of 2008 :5: contentions of the petitioner insofar as the 3rd Respondent is operating the stage carriage on the strength of Ext. P5 permit. That permit has been issued on the basis of an order granting the permit. The Petitioner has no case that neither in that order or in Ext.P5 permit there is a condition that permit would be valid only on the same being countersigned by the RTAs of Thrissur and Kozhikode. The Petitioner has not chosen to challenge either the order granting permit or the permit itself. Without challenging the same, the petitioner cannot successfully prevent the 3rd Respondent from operating the stage carriage in accordance with the permit, even if under law such countersignature is mandatory, which itself is disputed by the 3rd Respondent, in respect of which I do not express any opinion at this stage. WP(C) No.22389 of 2008 :6: Therefore I am not inclined to exercise my discretionary jurisdiction in favor of the petitioner and accordingly the WP(C) is disposed of. S.SIRI JAGAN JUDGE vgd