IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 RP.No. 143 of 2004(U) --------------------- AGAINST THE JUDGEMENT IN WPC.37556/2003 Dated 18/12/2003 .................... REVIEW PETITIONER/PETITIONER: -------------------------------------- K.S.R.T.C., REP.BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, EAST FORT, TRIVANDRUM. BY ADV. SRI.T.RAVIKUMAR, SC, KSRTC SRI.JOHNSON P.JOHN, SC, KSRTC SRI.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC RESPONDENTS/RESPONDENTS: ---------------------------------- 1. MR.C.K.ASOKAN, MAMTHANATHUCHIRA, K.R.PURAM P.O., CHERTHALA. 2. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, REP. BY ITS SECRETARY. R2 BY GOVERNMENT PLEADER, SRI.P.M. MANOJ THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - -- - - - - - - - - - - - C.M.Appl. No. 1024 OF 2004 AND R.P. No. 143 OF 2004 - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 24th day of June, 2010 O R D E R CMA No. 1024/04 Heard. Not opposed. Allowed. RP No. 143/04 Heard the learned counsel on both sides. 2. In this Review Petition, the Kerala State Road Transport Corporation seeks a review of the judgment delivered on 18.12.2003 in WP(C) No.37556 of 2003. The said writ petition was filed by the Kerala State Road Transport Corporation, a State Transport undertaking, challenging the order passed by the State Transport Appellate Tribunal in M.V.A.A. No. 760 of 2002 directing grant of a regular stage carriage permit to the first respondent to operate a stage carriage on the route Shertallai-Edakochi via Thavanakkadavu- Poochakkal,etc. 3. By judgment delivered on 18.12.2003 the learned Single Judge dismissed the writ petition. The order impugned C.M.Appl. No. 1024 OF 2004 AND R.P. No. 143 OF 2004 -:2:- in the writ petition was passed at a time when a Scheme framed and issued by the State Government under Section 100 of the Motor Vehicles Act as per notification dated 18.02.1986 was in force. When the Review Petition was came up today, Sri.V.V.Nandagopal Nambiar, the learned Standing Counsel appearing for the Kerala State Road Transport Corporation brought to my notice that the Government have issued G.O.(P) No.42/2009/Tran. dated 14.07.2009 in supersession of all existing schemes. As per item No.4 of the schedule to the said notification, stage carriage operators who have been granted permits on or before 09.05.2006 are permitted to operate the stage carriages till the permits issued to them expire and are also permitted to apply for regular permits with the rider that as and when the State Transport Undertaking applies for introducing new services in the said routes, corresponding number of existing private stage carriage permits in the said routes, which expire first after the filing of applications by the State Transport Undertaking, shall not be renewed. It is also stipulated that as regards permits issued after 09.05.2006 temporary permits C.M.Appl. No. 1024 OF 2004 AND R.P. No. 143 OF 2004 -:3:- alone shall be issued afresh on expiry in the newly notified routes or any portion thereof till such time the State Transport Undertaking replaces with new services. In the light of the notification dated 14.07.2009, issued by the State Government, no relief can be granted to the petitioner except to observe that as and when the permit issued to the first respondent herein expires and he applies for renewal, it will be open to the Kerala State Road Transport Corporation to object to such renewal in the light of the notification dated 14.07.2009. The Review Petition is disposed of with the above observation. The Regional Transport Authority concerned shall abide by the notification dated 14.07.2009 as and when the first respondent applies for renewal of the permit subject to the orders, if any, passed by this Court in WP(C) No.2204 of 2009 and connected cases wherein the aforesaid notification is under challenge. P.N. RAVINDRAN, JUDGE. ttb C.M.Appl. No. 1024 OF 2004 AND R.P. No. 143 OF 2004 -:4:-