P K KARTHIKEYAN Vs. REGIONAL TRANSPORT AUTHORITY TRICHUR

JUDGEMENT

(1.) The writ petition has been referred to a Division Bench to consider the question whether the faretable is a condition of the permit issued to a bus operator. Though there are other grounds as well in this case to support our conclusion, still, since there is a difference of opinion between two learned Judges of this Court regarding the question whether the timetable given to a bus operator is a condition of the permit (and it is claimed that a faretable is on the same footing), we propose to express our opinion on this question.

(2.) The controversy relates to the route between Kandassankadavu and Trichur; and the petitioner is a stage carriage operator on this route. The distance from Kandassankadavu to Trichur is 10 miles and 2 furlongs; but from Trichur to Kandassankadavu the distance is only 9 miles and 5 furlongs, the difference being the result of restrictions regarding one way traffic under the Police Act. The buses on this route were collecting 50p. for the whole route. The Bus Passengers' Association, Kandassankadavu, which is impleaded in this petition as the second respondent, made representations to the authorities that the Trichur - Kandassankadavu route was really shorter than the claim made by the bus owners, who collected fares on the claim that the route was 11 miles and 4 furlongs in length. The R.T.A. thereupon gave notice to the President of the Bus Owners' Association, Kanhani as well as the president of the Bus Passengers' Association, Kandassankadavu; and a meeting was held on 31st October 1962 for the purpose of resolving the controversy. Both the Associations were heard and it was decided that the question regarding the exact length of the route be referred to the Executive Engineer, P.W. D.; and it has now turned out that the distance from Kandassankadavu to Trichur, as already stated, is 10 miles and 2 furlongs and from Trichur to Kandassankadavu 9 miles and 5 furlongs.

(3.) While the question of refixation of the fare stages, resolving the disparity between the up and the down routes, was still pending, the Government, under S.43 of the Motor Vehicles Act, increased the rate of fare per mile. The Bus owners including the petitioner thereupon commenced collecting enhanced fare of 60 p. on the basis of the longer distance of the route claimed by them. In the meantime, the Government directed that the distance of all the routes in the State be converted into kilometres from miles; and in implementation of this direction, on the basis of the report of the Executive Engineer already mentioned, the length of the Kandassankadavu - Trichur route was fixed at 16.5 kilometres and fare stages were also settled by the R.T.A. at its meeting held on 26th October 1963. Thereafter, the Secretary of the R.T.A. implemented this decision ; and in pursuance thereof issued an order to the Bus Owners' Association on 26th September 1964, which is now sought to be quashed in this writ petition.