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[Cites 18, Cited by 0]

Kerala High Court

Adv Richard Rajesh Kumar vs Union Of India on 12 August, 2025

W. P. (C) No. 10082 of 2025
                                   -1-

                                                   2025:KER:62247

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

       THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                    &

             THE HONOURABLE MR.JUSTICE BASANT BALAJI

 TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947

                         WP(C) NO. 10082 OF 2025

PETITIONER/S:

     1       ADV RICHARD RAJESH KUMAR
             AGED 27 YEARS
             PADAMADAN HOUSE, CHERAI PO., ERNAKULAM, PIN -
             683514

     2       ARJUN P BHASKAR
             AGED 26 YEARS
             ANGEL'S GARDEN, COMAPANYPADI ROAD, NEAR
             POICKATTUSERY LP SCHOOL, CHENGAMANAD PO.,
             NEDUMBASSERY, KOCHI, PIN - 683578


             BY ADVS.
             SHRI.VISWANATH SALISH
             SMT.SANDRA PAUL
             SMT.NIDHA SHERIN
             SHRI.AKASH JITTHU T.



RESPONDENT/S:

     1       UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF HOUSING
             AND URBAN AFFAIRS, GOVERNMENT OF INDIA, ROOM
             NO.308, C WING, NIRMAN BHAVAN, MOULANA AZAD ROAD,
             NEW DELHI, PIN - 110011

     2       STATE OF KERALA
             REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
 W. P. (C) No. 10082 of 2025
                                   -2-

                                                      2025:KER:62247

              THIRUVANANTHAPURAM, PIN - 695001

     3        THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT
              LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR,
              SECRETARIAT ANNEX-I, THIRUVANANTHAPURAM, PIN -
              695001

     4        THE PRINCIPAL DIRECTOR
              PRINCIPAL DIRECTORATE, LOCAL SELF GOVERNMENT
              DEPARTMENT, SWARAJ BHAVAN, 5TH FLOOR, NANTHANKOD
              KAWADIAR PO., THIRUVANANTHAPURAM, PIN - 695003

     5        KOCHI METROPOLITAN TRANSPORT AUTHORITY
              8TH FLOOR, REVENUE TOWER, PARK AVE, MARINE DRIVE,
              ERNAKULAM - 682 011. ADDL. R5 IS IMPLEADED AS PER
              ORDER DATED 17/03/2025 IN WP(C) 10082/2025.

     6        ADDL.R6.THE SECRETARY,
              TRASPORT (E) DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM [ADDL.R6 IS SUO MOTU IMPLEADED
              AS PER ORDER DATED 30/05/25 IN WP(C)


              BY ADVS.
              SHRI.C.DINESH, CGC
              SHRI. ARJUN
              SHRI.V.MANU, SPL.G.P. TO A.G.
              SHRI. V. TEKCHAND, SR. GP



       THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    12.08.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 10082 of 2025
                                    -3-

                                                       2025:KER:62247

                              JUDGMENT

Dated this the 12th day of August, 2025 Nitin Jamdar, C. J.

Six years ago, in 2019, the Kerala State Legislature found it expedient to provide for the constitution of the Metropolitan Transport Authority for the development of urban transport in the Urban Mobility Areas of the State of Kerala. Yet, till date, the Metropolitan Transport Authority for Kochi City remains only on paper. This petition seeks to address this concern.

2. The Kerala Metropolitan Transport Authority Act, 2019 (Act of 2019) was notified on 18 December 2019. Under Section 3 of the Act of 2019, the State Government empowered to establish Metropolitan Transport Authority for each Urban Mobility Area. Section 2(n), read with Section 11 of the Act of 2019, declares Urban Mobility Area as the Municipal Corporation limits of Thiruvananthapuram, Kochi, and Kozhikode and further provides that any other area can be declared as an Urban Mobility Area.

3. The Transport Authority constituted under Section 3 of the Act of 2019 is a body corporate having perpetual succession, power to enter into contracts and to acquire, hold and dispose of both immovable and movable properties. The composition of the Metropolitan Authority is provided under Section 3(3) of the Act of 2019. The Authority is headed by the Minister for Transport as the Chairperson. The Secretary W. P. (C) No. 10082 of 2025 -4- 2025:KER:62247 to the State Government, Transport Department, is the Vice- Chairperson of the Authority.

4. The composition of the Authority is drawn from diverse fields, including people's representatives of the Legislative Assembly, Municipal Corporation, Transport Commissioner, District Collectors, representatives of Police, Town Planning and four experts from the fields of Transportation Engineering, Urban Transport Planning, Urban Transport Operations, Corporate Governance, Finance, or Law. The Metropolitan Transport Authority has to meet at least once in three months. The Authority can constitute sub-committees where any expert whose assistance is advised can be referred to such a committee for enquiry. The Metropolitan Transport Authority can also appoint an expert or committee of experts and refer to such committee any subject arising under the Act of 2019. A Chief Executive Officer is appointed for the Authority.

5. Section 12 of the Act of 2019 provides for the duties, functions and powers of the Metropolitan Transport Authority. Under Section 12(1)(a), the Authority has to prepare a Comprehensive Mobility Plan. Comprehensive Mobility Plan as defined in Section 2(f) means the plan document as mentioned in Section 13, that outlines the mobility plan for the Urban Mobility Area and in synchronization with the plan under the Kerala Town and Country Planning Act, 2016 for such Urban Mobility Area and delineates, inter alia, strategies and, actions for achieving the objectives for ensuring optimum mobility of people W. P. (C) No. 10082 of 2025 -5- 2025:KER:62247 and transportation of goods in such Urban Mobility Area and to provide for safe, sustainable and efficient and properly co-ordinated urban transport. Such a plan has to be made for a period of five years. The Metropolitan Transport Authority is also vested with various other functions, as listed in Section 12(1), which include the following:-

"(b) Preparation of a Transport Investment Programme;
(c) Planning for finance mobilization, construction and operation relating to the urban transport and the Urban Transport Ancillary Services;
(d) Promotion, development and regulation of integrated facility and systems tor urban transport including seamless transport access;
(e) Development, construction, operation and management of any integrated or stand-alone transport network facility that aid and enhance the efficiency of the urban transport to the user;
(f) Creation and management of a Common Command and Control Centre for integration, co-ordination and management of urban transport;
(g) Development, publication and issuance of standards and guidelines relating to the development and operation of urban transport facilities;
(h) Development and dissemination of performance indicators for urban transport Services within the territorial jurisdiction of the Authority;
(i) Regulation and enforcement of technical and performance standards on all strategic and operational matters that have a direct effect on the level of service provided to the users of urban transport;
(j) To give direction to the authorities concerned to take W. P. (C) No. 10082 of 2025 -6- 2025:KER:62247 necessary steps for the regulation and enforcement of environmental standards related of incidental to the Urban Transport or the urban transport Ancillary Services;
(k) Administration of the Urban Transport Fund as provided in Chapter V of this Act;
(l) Setting up and operation of an operation control centre, a web based user information system and a helpline to provide integrated information to the users of urban transport and to collect demands, complaints and suggestions of passengers;
(m) Setting up and operation of a smart card based ticketing system for payment of user charges for use of the urban transport and Urban Transport Ancillary Services in consultation with the authorities concerned;
(n) Setting up and operation of technology-based solutions for traffic management, transport planning, design of transport systems and selection of mode of transport in consultation with the authorities concerned;
(o) Detection and reporting of traffic offences to the authorities concerned and to recommend for action with the help of Intelligent Transport System to be established by the Authority;
(p) Collection of information on urban transportation within Urban Mobility Area and to provide the same to the Government agencies concerned or other agencies approved by the Authority;
(q) Publication and display of information for the users of urban transport to promote consumer awareness on the integrated urban transport System;
(r) Promoting skill advancement of the persons engaged in the operation and maintenance of urban transport through education, training and research;
(s) Make recommendations to the railways, on railway W. P. (C) No. 10082 of 2025 -7- 2025:KER:62247 services, schedules and time table to enhance the efficiency or service levels of the urban transport."

*** The survey of the functions as enumerated above would show the importance of the Authority in finding solutions and developing a comprehensive urban transport system.

6. The Government of Kerala, by notification issued in the Official Gazette on 30 October 2020, constituted the Kochi Metropolitan Transport Authority (KMTA) for the Urban Mobility Area of Kochi City.

7. The Petitioners have asserted, which is not controverted, that even though the notification came into effect from 1 November 2020, the KMTA remains non-functional. It has not convened any meetings at all, though Section 9 of the Act of 2019 mandates at least one meeting every three months. The Petitioners made representations highlighting that KMTA has virtually become defunct which were forwarded to the Chief Secretary for necessary action. The Petitioners approached the Grievance Redressal System. The Petitioners also made representations through the Chief Minister's Public Grievance Redressal website which did not get any response. Therefore, the Petitioners have approached this Court by way of the present petition filed on 12 March 2025 for a direction to make the KMTA functional. Pertinently, notice issued to Respondent No. 5-KMTA in this Petition as per its address given in the notification was returned with a remark that there is no such entity, W. P. (C) No. 10082 of 2025 -8- 2025:KER:62247 confirming the assertion of the Petitioners that the KMTA is defunct.

8. The Act of 2019 is enacted specifically for the very purpose of development of urban transport by creating a specialized authority for promoting sustainable urban transport. For systematic approach to the issue of public transport, Section 13 of the Act of 2019 mandates the Transport Authority to prepare a comprehensive Mobility Plan in accordance with the National Urban Transportation Policy guidelines and the plan shall include the following:-

(i) infrastructure facilities and other works;
(ii) various modes of public transport systems and Mass Rapid Transit Systems and their integration;
(iii) procedures and process to resolve any issues in relation to any existing transport system or transport services being operated and in relation to any new systems or services;
(iv) such other matters as may be necessary for the development and implementation of such plans in order to achieve the object and purpose of the Act of 2019.

*** Under Section 13(2) of the Act of 2019, the draft plan has to be published on the official website of the Metropolitan Transport Authority, inviting objections and suggestions before such date as may be specified, in the manner prescribed by rules and the fact of such publication shall be published in the Official Gazette by the Authority. The Authority, shall after giving adequate opportunity of being heard to the persons concerned and after considering the suggestions, W. P. (C) No. 10082 of 2025 -9- 2025:KER:62247 objections and representations, if any, if not, after recording the reasons for the same, modify the draft plan, if necessary. Section 13(3) states that the plan so prepared shall be submitted to the State Government for approval and the State Government may either approve such plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a new plan based on recommendations issued by the State Government in relation thereof. The State Government shall, as far as possible, within three months take decision in these matters. Under Section 13(4), all plans approved by the State Government shall be published on the official website of the Authority and the Authority shall publish the fact of such publication in the Official Gazette.

9. Under Section 14 of the Act of 2019, the Metropolitan Transport Authority has the power to implement a Comprehensive Mobility Plan and to formulate schemes. Under Section 14(2), the Authority may formulate a draft scheme, and recommend to the Government for considering along with the scheme made under Chapter VI of the Motor Vehicles Act, 1988 or otherwise for integrating road transport services with the approved Comprehensive Mobility Plan, giving all relevant particulars of the nature of the services proposed to be rendered in the urban mobility area specified along with the area or route proposed to be covered.

10. Schedule I to the Act of 2019 provides for urban transport which is defined under Section 2(o) of the Act. Urban transport is defined as W. P. (C) No. 10082 of 2025 -10- 2025:KER:62247 different modes of transportation available to the general public in the Urban Mobility Areas as delineated in Schedule I. As per Schedule I of the Act of 2019, urban transport consists of different modes of transport in an Urban Mobility Area that are available for use by all persons who pay the established fare and which are operated on fixed routes and with fixed schedules within the Urban Mobility Area, which include buses, tramways, metro railway, electric trolley bus, cable car, bus rapid transit system, light rail transit, inter-city railways, boats, water metro and any other mode irrespective of its fuel or propulsion type including private vehicles which meet the requirements of mass transportation. Schedule II to the Act of 2019 details the urban transport ancillary services, as defined under Section 2(p) meaning all ancillary services required for effectively operationalising and maintaining a modern integrated urban transport system and include the elements delineated in Schedule II, subject to the provisions of this Act.

11. Chapter V of the Act of 2019 deals with the Urban Transport Fund. As per Section 18(2), the Fund of the Authority is constituted from the grants, advances and loans sanctioned and funds received through allocations, including budgetary allocations, by the Central Government or the State Government to the respective Authority, the fine imposed and realised and compounding fee collected under the Act of 2019, compounding fee collected by departments concerned, in cases of traffic violations detected through Intelligent Transport System W. P. (C) No. 10082 of 2025 -11- 2025:KER:62247 and reported by the Authority and fees and user charges available to the Authority under Section 16. Any user fees or charges, prescribed by rules, to collect from the Urban Mobility Area under this Act, are to be deposited under the Fund.

12. Thus, the Urban Transport Fund which is important for the functioning of the Authority, includes even fines realised and compounding fees collected. The amount which is to be placed in the Fund has to be expended in the manner as prescribed under the rules. The Fund has to be administered by the Chief Executive Officer. As regards the Urban Transport Fund, in the counter affidavit, there is no reference whatsoever.

13. The Urban Transportation Fund under Section 19 of the Act of 2019 includes grants and loans from the Government. Under Section 25 of the Act of 2019, the accounts of the Authority are subject to audit by the Accountant General of the State. The Authority has to prepare every year a report of its activities and the report has to be placed before the State Legislature as per Section 26 of the Act of 2019. The Authority also has to submit audited annual statements. Under Section 44 of the Act of 2019, the State Government is empowered to make rules for the purpose of carrying out the functioning of the Act.

14. The above-mentioned scheme of the Act of 2019 shows the importance of a developing urban transport in the State. The Government of Kerala has issued a notification constituting the KMTA W. P. (C) No. 10082 of 2025 -12- 2025:KER:62247 for Kochi City. Yet this Legislative intent of establishing planned and sustainable urban transport in Kochi is being nullified by keeping this authority KMTA only on paper for the last more than five years. The Petitioners have placed on record that various difficulties are faced by a large number of commuters using public transport in the city of Kochi. The infrastructure of the city remains underdeveloped which has caused difficulties in respect of parking, systematic transportation and connectivity. Several infrastructural issues which require a scientific and planned approach towards urban transportation are not being implemented because a specialized authority for the same is not functional. KMTA is empowered under the Act of 2019 to regulate fares of urban transport which is not being carried out.

15. The issues pointed out by the Petitioners require a specialised body to find solutions. There cannot be any doubt that considering the functions of the Authority, it is essential in any city, such as Kochi, to have a robust public transportation system to have a functional and active Metropolitan Transport Authority. Since its inception, the KMTA has remained defunct, and neither a Comprehensive Mobility Plan nor a Transport Investment Program has been prepared, as envisaged under the Act of 2019. No meetings of the Authority have been conducted, the Urban Transport Fund has not been set up, and the annual reports have not been placed before the Legislature. Therefore, we had directed the Respondents to file their counter affidavit.

W. P. (C) No. 10082 of 2025 -13-

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16. In the counter affidavit, the Special Secretary to the Transport Department has stated that the Kochi Metropolitan Transport Authority was constituted on 30 October 2020 with the Minister of Transport, other ex officio members, and expert members. It is stated that the Authority started functioning on 1 November 2020 with its Chief Executive Officer. The Chief Executive Officer requested the Government for the appointment of staff on 17 November 2020 and two staff members of the Kochi Metro Rail Limited were deputed for handling urban transport on a contract basis. Whether the functioning of the KMTA can be sustained with two staff members on a contract basis is not explained. Then, it is stated that the Government has released an amount of ₹17,40,000/- for meeting the expenditure. Nothing is stated whether this would be adequate. In fact, the proposal for 2025-2026 shows that the requirement is at least 5 Crores. It is also stated that the fund released on 15 August 2023 could not be utilized for various reasons, including non-joining of the contract staff. To this affidavit, a plan proposal for 2025-2026 is now annexed in which, nothing is stated regarding who prepared it or whether it has been officially submitted, except that it is under consideration of the Government.

17. Considering this situation, we had directed the matter to be taken up by the Secretary of the Transport Department on a priority basis and a meeting was held on 15 July 2025 to rejuvenate the KMTA. The minutes of the meeting held are on record which reads as under:-

W. P. (C) No. 10082 of 2025 -14-
2025:KER:62247 "MINUTES OF MEETING HELD ON 15.07.2025 REGARDING STEPS TO REJUVENATE THE FUNCTIONS OF KOCHI METROPOLITAN TRANSPORT AUTHORITY The meeting started at 12.00 noon with Special Secretary, Transport Department in the chair. (List of participants is attached).
Special Secretary Transport Department welcomed the participants. The Chief Executive Officer, Kochi Metropolitan Transport Authority (KMTA) briefed about the current scenario of functioning of KMTA. The CEO, KMTA explained that the office of KMTA is not functioning due to non-availability of staff. Earlier there was an office with two temporary urban planners. However, the staffs left due to non-payment of salary and subsequently, the office was closed. He added that a plan proposal was submitted to Government in this regard for appointing staffs for the smooth functioning of the authority. The Special Secretary pointed out that there was an allocation of Rs. 3 Crore (Rupees Three Crore Only) under the h/a "5075-60-800-63 Kochi Metropolitan Transport Authority"
in the financial year 2024-25 and the same was not utilized. He added that non submission of plan proposal in the required time for the financial year 2025-26 has ultimately led to placing of token provision of Rs. 1 lakh in the said head. In this scenario, the Special Secretary suggested CEO, KMTA to present a proposal with the minimum requirements, enabling the functioning of KMTA. The CEO, KMTA has informed that an office space of about 1000 square feet is required for the office of KMTA. Two Urban Transport Planners and two office staff preferably at the level of Section Officer and an MBA holder is necessary for the functioning of the Authority. Office equipments W. P. (C) No. 10082 of 2025 -15- 2025:KER:62247 including computers, furniture, panelling of office space etc. and a website is also required for KMTA. The Managing Director, Kochi Metro Rail Limited (KMRL) reiterated the importance of rejuvenating the functions of KMTA. He informed that after obtaining the approval of the Authority, KMRL has been authorised for the preparation of the Comprehensive Mobility Plan (CMP) & Alternative Analysis Report (AAR)/Feasibility Study Report (FSR) for Thiruvananthapuram, Kochi and Kozhikode districts from the budget provision of Kochi Metropolitan Transport Authority (KMTA).
The Special Secretary, Transport Department, enquired whether office space will be available near the Cochin Smart Mission Limited (CSML) office as it would be more convenient to the CEo, KMTA. MD KMRL informed that no more space is available in the said premise but would be available in Changampuzha Park Station or JLN Metro Station, Kaloor. The Special Secretary has directed CEO, KMTA for finding suitable office space after discussion with KMRL officials.
The Special Secretary, Transport Department requested MD, KMRL to fix the rent considering the present financial situation and MD, KMRL agreed to provide office space for KMTA in a subsidised rate.
The Special Secretary Transport Department directed CEO, KMTA to furnish a proposal to Govt. with the minimum requirements to enable the functioning of KMTA as detailed below.
1. The detailed estimate for posting Two Urban Transport Planners and two office staff preferably at the level of Section Officer and an MBA holder for the functioning of the Authority.
2. The detailed estimate for Office equipments including W. P. (C) No. 10082 of 2025 -16- 2025:KER:62247 computers, furniture, panelling of office space etc.
3. Proposal for developing a website for KMTA along with detailed estimate
4. Suitable office space after discussion with KMRL officials The Special Secretary, Transport Department added that the proposal for rejuvenating the functions of KMTA with minimum requirements may be approved, subject to the concurrence of the Finance Dept. The funds required for the purpose will be taken up with Finance Department for additionally authorizing the same in the h/a "5075-60-800- 63 Kochi Metropolitan Transport Authority" in the financial year 2025-26. Further Special Secretary directed CEO, KMTA to furnish the proposal with in a week's time and to file an affidavit before the Hon'ble High Court as per the Order dated 27.06.2025, at the earliest. The meeting ended by 12.30 p.m. Decision The CEO, KMTA was directed to:
1. Find a suitable office space after discussion with KMRL officials.
2. Submit a proposal including minimum staff required, office equipments and creating a website for KMTA.
3. File an affidavit before the Hon. High Court as per the Order dated 27.06.2025 List of Participants Sl. Name Designation No. 1 Sri. Nagaraju Chakilam IPS Transport Commissioner 2 Sri. Shaji V. Nair IAS CEO, KMTA 3 Sri. Loknath Behera IPS (Retd.) MD, KMRL W. P. (C) No. 10082 of 2025 -17- 2025:KER:62247 4 Smt. Sheela M. Additional Secretary, Transport Department 5 Sri. Gokul T. G. Additional General Manager (Urban Transport), KMRL"

*** Thus, even as of 15 July 2025, the position in KMTA is that an amount of ₹17,40,000/- could not be utilized, and the contract staff had not joined. The KMTA has no dedicated office space, no funds, no staff, no furniture computers, etc. This is indeed a sorry state of affairs of an authority whose functions are to provide the residents of Kochi city a planned and systematic public transport.

18. The benefits of effective functioning of the Metropolitan Transport Authority for Kochi city cannot be understated. The interventions by this Authority could be reduction in traffic congestion and carbon emissions, better integration of bus, metro, ferry and pedestrian systems, rationalisation of public transport fares and services, uniform fares for public transport, streamlined parking policies and increased access to last-mile connectivity, enhanced liveability and accessibility for residents and tourists, economic growth via infrastructure investment and urban renewal. A properly functioning Authority for the Kochi City can make an effective change in the urban transport as envisaged by the Kerala Legislature. By creating a Metropolitan Transport Authority for Kochi City but letting it remain on paper, the object of providing a sustainable and planned urban transport system for the residents of Kochi City is being W. P. (C) No. 10082 of 2025 -18- 2025:KER:62247 nullified.

19. We propose to set up a timeline for making the KMTA fully functional to perform its duties. First and foremost, the State Government has to ensure that the KMTA is constituted as per Section 3 of the Act of 2019, having adequate representation of expert members. Basic requirements, such as dedicated office space, computers, and furniture, have to be made available on priority basis. Adequate staff has to be provided. At least, adequate temporary measures for the above should be put in place till a final arrangement is ensured.

20. After it is so made functional, the KMTA will take up its functions on priority basis. As per the Section 12 of the Act of 2019, the Authority will have to plan and implement programmes for investment, financing, construction and operation of urban transport and ancillary services. It will develop and manage integrated and stand- alone transport facilities, establish a command and control centre, and issue standards, guidelines and performance indicators. The Authority will have to regulate technical, performance and environmental norms, administer the Urban Transport Fund, and set up systems for smart ticketing, user information, traffic management and offence detection. It will have to also collect and disseminate transport data, promote consumer awareness, advance skills through training and research, and make recommendations to the railways for improved services and efficiency.

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21. Considering that the Authority has remained on paper for the past five years despite its creation, we are not inclined to grant longer time. The State has to give it priority in view of its lapses so far. Thus, the Kochi Metropolitan Transport Authority should be made functional by 1 November 2025 (the Kerala Day), at least with adequate temporary measures for operationalisation of the Authority for the above requirements, if final arrangement is in process by then.

22. Accordingly, the following directions are issued:

A) The Chief Executive Officer of Kochi Metropolitan Transport Authority - KMTA will, submit a proposal with full particulars as regards the infrastructural requirement, including office space, movables, and adequate staff members, both on permanent basis and as ad hoc arrangement till a final arrangement is put in place.
B) The Respondents - State and the Chief Executive officer of KMTA will take all the steps necessary to make the KMTA functional by 1 November 2025.
C) The KMTA and the State Government will take necessary steps to constitute the Urban Transport Fund in accordance with Section 18 of the Act of 2019, and upon its constitution, to transfer the amount in terms of Section 18(2) of the Act of 2019.
W. P. (C) No. 10082 of 2025 -20-

2025:KER:62247 D) The KMTA, upon being made functional as above, will initiate the process of preparation of a Comprehensive Mobility Plan for Urban Mobility Area as per Section 13 of the Act of 2019.

E) Upon it made functional, KMTA will take steps for the following statutory functions:

i. Preparation of a Transport Investment Programme;
ii. Planning for finance mobilization, construction and operation relating to urban transport and the Urban Transport Ancillary Services;
iii. Development and management of integrated or stand-alone transport network facilities to aid and enhance the efficiency of urban transport for the user; iv. Creation and management of a Common Command and Control Centre for integration, co-ordination and management of urban transport;
v. Development, issuance and publication of standards, and guidelines relating to the development and operation of urban transport facilities; vi. Development and issuance of performance indicators for urban transport services within the territorial jurisdiction of the Authority;
vii. Development and enforcement of technical and performance standards on all strategic and operational matters that have a direct effect on the level of service provided to the users of urban transport; viii. Development of protocols to give directions to the W. P. (C) No. 10082 of 2025 -21- 2025:KER:62247 authorities concerned to take necessary steps for the regulation and enforcement of environmental standards related or incidental to urban transport or the Urban Transport Ancillary Services; ix. Setting up and operation of an operation control centre, a web-based user information system and a helpline to provide integrated information to the users of urban transport and to collect demands, complaints and suggestions of passengers;
x. Setting up and operation of a smart card-based ticketing system for payment of user charges for use of the urban transport and Urban Transport Ancillary Services in consultation with the authorities concerned;
xi. Setting up and operation of technology-based solutions for traffic management, transport planning, design of transport systems and selection of mode of transport in consultation with the authorities concerned;
xii. Development of protocols for detection and reporting of traffic offences to the authorities concerned and to recommend action with the help of the Intelligent Transport System to be established by the Authority; xiii. Development of protocols for collection of information on urban transportation within the Urban Mobility Area and to provide the same to the Government agencies concerned or other agencies approved by the Authority;
xiv. Taking steps for publication and display of information for the users of urban transport to promote consumer awareness of the integrated urban transport system;
W. P. (C) No. 10082 of 2025 -22-
2025:KER:62247 xv. Development of protocols for promoting skill advancement of persons engaged in the operation and maintenance of urban transport through education, training and research.
xvii. Such other functions specified under the statute.

23. We place the responsibility on the Secretary of the Transport Department of the State of Kerala to ensure that the State Government makes the KMTA functional by 1 November 2025 to commences its statutory functions.

24. With the above directions, the writ petition is disposed of.

Sd/-

NITIN JAMDAR, CHIEF JUSTICE Sd/-

BASANT BALAJI, JUDGE Eb W. P. (C) No. 10082 of 2025 -23- 2025:KER:62247 APPENDIX OF WP(C) 10082/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CMO PETITION DATED 17.12.2023 Exhibit P2 THE TRUE COPY OF THE PETITION DATED 17.12.2023 ISSUED TO PRIME MINISTER'S OFFICE BY THE PETITIONERS Exhibit P3 THE TRUE COPY OF THE DIRECTION ISSUED BY 1ST RESPONDENT DATED 08.01.2024 Exhibit P4 THE TRUE COPY OF THE FOLLOW-UP PETITION DATED 26.10.2024 Exhibit P5 THE TRUE COPY OF THE DIRECTION ISSUED BY 1ST RESPONDENT DATED 18.11.2024 Exhibit P6 THE TRUE COPY OF THE REPLY LETTER ISSUED BY THE 2ND RESPONDENT DATED 01.02.2025 Exhibit P6(a) THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6 LETTER IS PRODUCED Exhibit P7 THE TRUE COPY OF THE COMPUTER GENERATED STATUS OF FILE NO E2/193/2024 DOWNLOADED IN THE MONTH OF FEBRUARY