RENY MEERA GEORGE Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P2 settlement of timings provided in respect of vehicle bearing registration No.KL-03 N/7735 operated by the 4th respondent. Facts necessary for the disposal of the writ petition are as follows:

(2.) Petitioners 1 and 2 are stage carriage operators and the 3rd petitioner is a registered Association of stage carriage operators. The 4th respondent holds a regular permit on the route Niranam Thottady - Kozhencherry. The same is an inter- regional/inter-district route traversing the Districts of Alappuzha and Pathanamthitta. The major portion of the above route lies in Pathanamthitta District, and therefore, the time schedule in respect of the said service was approved by the 2nd respondent viz., Regional Transport Authority, Pathanamthitta. It is the contention of the petitioners that, in the case of inter-regional routes, it is incumbent on the transport authority concerned while revising the timings of an existing service operating on an inter-regional route to issue prior notice to the transport authorities of the other regions. It is also stated that notices are also invariably sent to the registered associations of private bus operators in the other region. Such a course is adopted to enable the st age carriage operators holding inter-regional permits issued by the other transport authorities to attend the timing conference scheduled by a transport authority of any other region, which thus means, prior notice of any timing conference conducted by the RTO, Pathanamthitta shall be invariably issued to the RTO, Alappuzha and vice versa.

(3.) However, in the instant case, a timing conference was apparently conducted on 12.05.2017 at the office of the 2nd respondent, i.e. RTO, Pathanamthitta, for revising the timings of the 4th respondent's afore-mentioned service. In the said timing conference, 11 persons participated, including the 4th respondent and the representative of the KSRTC. None of the petitioners herein or other operators operating service on the strength of a permit issued by the RTO, Alappuzha was made aware of the timing conference held at Pathanamthitta on 12.05.2015. Neither the office of the RTO, Alappuzha nor the office of the 3rd petitioner association was put on notice. Therefore, According to the petitioners, Ext.P2 is issued violative of the principles of natural justice, warranting interference of this Court under the writ jurisdiction.