The interchange of stage carriage timings between different permit holders is governed by Rule 212, not Rule 214, which applies only to single permit holders with multiple vehicles.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

RD FRIDAY, THE 23 DAY OF MAY 2025 / 2ND JYAISHTA, 1947 WA NO. 1460 OF 2024 AGAINST THE JUDGMENT DATED 21.08.2024 IN WP(C) NO.34895 OF

2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

LEEGI JOSEPH, AGED 55 YEARS, W/O JOSEPH (LATE), ALAPPAT HOUSE, KURUMBILAVU P.O., PAZHUVIL, NEAR MISSION HOSPITAL, THRISSUR, PIN – 680564.

BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS/RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, CIVIL STATION, AYYANTHOL P.O THRISSUR , REPRESENTED BY ITS SECRETARY, PIN – 680003.

2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, AYYANTHOL P.O THRISSUR, PIN – 680003.

3 K.A.NASEER, KIZHUVALIPARAMBIL HOUSE, CHERPU WEST P.O., THRISSUR, PIN – 680573.

4 RIYAS V.A., VALIYAKATH HOUSE CHERPU WEST P.O., THRISSUR, PIN –

680573.

5 MAJEED P.S., PALIYATHAZHATH HOUSE, CHERPU WEST P.O., THRISSUR, PIN – 680573.

OTHER PRESENT:

SPL GOVERNMENT PLEADER SRI SANTHOSH KUMAR SRI.K.T.RAVEENDRAN FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Amit Rawal, J.

Present intra-court appeal under Section 5 of the Kerala High Court Act, 1958 is directed against the judgment of the Single Bench dated 21.08.2024, whereby the Writ Petition bearing No.34895 of 2023 filed by the appellant, challenging the order of the State Transport Appellate Tribunal (STAT) dated

14.08.2020 (Ext.P7), has been dismissed.

2. Succinctly, the facts in brief for adjudication of the lis are enumerated hereunder:

The appellant/petitioner had purchased a stage carriage permit from one Mr.Riyas V.A. for the route Thriprayar - Thrissur - Koorikuzhy Via Valappad - Edamuttam - and Kothakulam. The vehicle which was issued permit earlier was substituted by another vehicle bearing No.KL-08/AR-3313. On demise of the husband of the appellant, appellant became the permit holder of the aforementioned stage carriage. When Riyas was holding the aforementioned permit, had submitted an application to the Secretary, RTA, Thrissur for interchanging the timings with Mr. Majeed. The application for interchanging the timings is permissible by invoking the provisions of Rule 212 of the Kerala Motor Vehicle Rules, 1989. The aforementioned proceeding resulted in wide publication of the notice and in the absence of any objection, Secretary, RTA, Thrissur, vide Ext.P4 order dated 14.08.2018, allowed the interchange of the timings 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.

Sd/-

Secretary, RTA Thrissur"

3. The 3^rd respondent K.A.Naseer, existing carriage operator in the route of Thriprayar Beach – Thrissur, had, with respect to the vehicle bearing registration No.KL-46/C-5355 with certain set of timings, challenged the aforem