Interchange of stage carriage timings is only permissible between vehicles owned by the same operator as per Rule 214 of the Kerala Motor Vehicles Rules.

JUDGMENT

1. The present writ petition has been filed impugning Exhibit P-7 order dated 14.08.2020 passed by the State Transport Appellate Tribunal (STAT), Ernakulam in M.V.A.R.P. No. 36 of 2019 under Section 19 of the Motor Vehicle Act against the order passed by the 2nd respondent in Exhibit P-4 dated 14.08.2018.

2. The petitioner has purchased the stage carriage permit from Mr. Riyas V. A. for the route Thriprayar – Thrissur – Koorikuzhy Via Valappad – Edamuttam – and Kothakulam. The petitioner had got the vehicle No. KL-58-A-8157 substituted by KL-08AR 3313 for the said route. On demise of the petitioner’s husband, vide Exhibit P-3, the petitioner become the permit holder for the stage carriage bearing Registration No. KL-08AR-3313. It appears that Mr. Riyas V. A. and Mr. Majeed P. S. had applied for interchanging the timings of their stage carriage operations i.e. the stage carriage KL 58 A 8157 with stage carriage KL 08 AK 9842. The RTA in its meeting held on 14.08.2018, granted the exchange of timings for operations. Exhibit P-4 on reproduction would read as under;

“Proceedings of the Secretary RTA, Thrissur Present : Sri. Ummer K M Sub: Mvs – SC KL-58 A 8157-timings – Orders issued – bearing registration No.

Ref: 1. Request from (c) Sri. Riyas. V. A, Valiyakath House, Cherpu West, Thrissur.

(d) Sri. Majeed. P. S, Paliyathazhath (H), Cherpu West, Thrissur

2. Timing Conference held on 14.08.2018 Order No. C4/2141/2018/R dtd 14.08.2018 The S/C KL-58 A 8157 is covered by a regular permit on the route Thriprayar – tsr-koorikuzhy Via Valappad-edamuttam -and Kothakulam with Settled Timings Vide Rta Decision Dt 22/10/2001 item No- 160{ Ref-c2/28299/2001/R- Vide reference cited above the permit holder has applied for interchange of timing in respect of S/C KL 58 A 8157 with S/C KL 08 AK 9842. The applicant was heard on 19.04.2018 before Regional Transport Officer. The timing conference of the vehicle KL-58 A 8157 was conducted on 14.08.2018 and no objection has received. Hence I Secretary RTA Thrissur, hereby approve and issue the timings in respect of Stage Carriage KL-58 A 8157 to operate on the above route.

Secretary, RTA Thrissur”

3. The said decision of the RTA in Exhibit P-4 was challenged by the 3rd respondent before the STAT in M.V.A.R.P. No. 36 of 2019 and the Tribunal vide the order dated 14.08.2020 held that, variation of timing under Rule 214 Kerala Motor Vehicles Rule provides for interchange of timings of two vehicles owned by the same person for a period of ten days. However, in this case two different operators have approached the RTA for interchange of their timings and the RTA has allowed the interchanging of timings under Rule 214 which is wrong and, therefore, the STAT has set aside the order in Exhibit P-4 issued by the 2nd respondent.

4. Rule 214 of the Kerala Motor Vehicle Rules, 1989 reads as under;

“214. Interchangeability of timings of stage carriage.‐

When a permit holder has more than one vehicle plying exclusively on the same route, he may, notwithstanding that a schedule of timings has been fixed for each vehicle, use temporarily, and in any case for not more than ten days at any one time any one of the other vehicles to maintain all or any of the timings fixed for a particular vehicle on the route:

Provided that‐

(a) intimation thereof is sent to the Authority which granted the permit and to the Authority, if any, which has endorsed or extended the permit, within seven days of such use, and (b) the schedule of timings granted to the other vehicles of the permit holder on the route are not affected.”

5. From the contents of Exhibit P-4 it is evident that, two persons have applied for interchanging their timings for stage carriage operation and the Tribunal has granted interchanging of timing of the stage carriage operation. It is not in dispute that, Mr. Riyas V. A. and Mr. Majeed P. S. are