Kerala High Court
S.Abdul Javed vs The Sub Inspector Of Police on 10 November, 2008
Author: V.Giri
Bench: V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28608 of 2008(E)
1. S.ABDUL JAVED, S/O.SULAIMAN PILLAI,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE, PALODE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE RURAL SUPERINTENDENT OF POLICE,
5. THE JOINT REGIONAL TRANSPORT OFFICER,
6. THE REGIONAL TRANSPORT OFFICER,
7. THE DEPUTY TRANSPORT COMMISSIONER
8. THE TRANSPORT COMMISSIONER,
For Petitioner :SRI.G.PRABHAKARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :10/11/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.28608 of 2008
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Dated this the 10th day of November, 2008.
JUDGMENT
The petitioner is a stage carriage operator, operating with three stag-e carriages, one with registration No.KL-16/9242 on the route Kuzhavoor-Kalingumukham, the other vehicle KL-16/C 111 on the route Kuzhavoor - Kalingumugam and the third vehicle Kl-21/1314 on the route Kalingumugam-Kuzhavoor. He is aggrieved that the transport authorities have not taken sufficient action against the illegal operation of services being conducted by several persons in the same area to the detriment of authorised service operators.
2. An affidavit has been filed by respondents 4 and 8, viz., the Circle Inspector of Police, Thiruvananthapuram and the Deputy Transport Commissioner. The fact that there has been incidents of unauthorised operation of service is admitted in both the affidavits. Paragraph 5, 9 and 10 of the affidavit of the Circle Inspector is extracted hereunder:
"5. Seventy five percent area of Palode Circle is covered with forest and another twenty with hilly land. There are more than ten settlement colonies which are in between Kusavoor and Kalingumukku and all these settlement colonies W.P.(C).NO.28608/08 :: 2 ::
are far away from the main route. Moreover a large number of institutions like Schools, Colleges, B.Ed centre, hospitals and commercial places like markets etc. are functioning in this area.
9. Thereafter the Police has been always vigilant to check and interfere with the clash between staff of the petitioner and the local drivers. Traffic in this area is properly regulated by the Police, who are on duty from 8 am to 8 pm on all days. During the year 2007 'NO PARKING' boards were erected after conducting a meeting with the authorities of both the Panchayaths and the leaders of the drivers' Union of the jeeps, tempos and autos.
Checking of vehicle were conducted regularly by Palode and Vithura Pllice and a total number of seventy two petty cases were charged against the vehicles which were found parked in the No Parking area by these Police stations during 2007 and fifty six petty cases during 2008.
10. Even though the police is vigilant against the illegal operations of these jeeps and tempos, instances of conducting parallel services through the route permitted to the petitioner have been detected. During the year 2007 six petty cases and during the year 2008 two petty cases were registered against the illegal operators for violating permit conditions by the Police in Palode Circle."
W.P.(C).NO.28608/08
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Similarly paragraphs 3 and 5 of the affidavit of the Deputy Transport Commissioner are also extracted hereunder:
"3. It is submitted that the Government and this Department are taking all necessary steps to curb the illegal parallel service operation of Contract Carriage operators. The allegations contrary are not true. During the last three months many vehicles were booked for illegal operation and huge amount of compounding fee was collected from the offenders. During July 2008, in Nedumangad Taluk a total of 105 offences were detected and an amount of Rs.44,900/- was collected and remitted to Government account as penalty. During August 2008, 85 cases were detected and Rs.33,300/- was collected as compounding fee. In September 2008 the number of offences were 121 and the total compounding fee collected was Rs.51,600/-. As such a total number of 311 cases were detected during the last three months and an amount of Rs.1,29,800/- were collected and credited to Government account. Some of the cases detected were illicit stage carriage operations.
5. It is submitted that the parallel services are operated because of the lack of travelling facility in the interior area of the Nedumangad Taluk. Even though the public depend upon such W.P.(C).NO.28608/08 :: 4 ::
parallel service in the routes where private buses and KSRTC buses are very limited, the Department is taking strict action against those operators since it is an illegal operation."
3. It cannot be said that the authorities are completely blind to the operation of such unauthorised services. But, I agree with the petitioner that a decision has to be taken to see that no person is allowed to conduct service without a permit issued by a competent authority in that regard. The undertaking given by the respondents and extracted herein above are recorded.
In the result, the writ petition is disposed of directing the respondents to see that no illegal parallel services of jeeps and tempos are permitted between Kuzhavoor - Kalingumugam and that if any such services are operated, effective actions shall be taken against the offenders and such persons should be prosecuted in accordance with law.
Sd/-
(V.GIRI) JUDGE sk/ //true copy// P.S. To Judge