IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35321 of 2009(I) -------------------------- PETITIONER(S): --------------- K.P. MAHALINGA PATTALI, S/O. LATE MANA PATTALI, GUDDE TEMPLE ROAD, P.O. KUDIU, KASARAGOD DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT(S): --------------- 1. THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD. 4. THE MOTOR VEHICLES INSPECTOR, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 35321 of 2009 ================== Dated this the 8th day of December, 2009 J U D G M E N T The petitioner is the holder of a stage carriage permit on the inter-state route of Madur-Mangalore, which has been issued subject to countersignature by the Karnataka State Transport Authority. The permit was countersigned by the S.T.A. Karnataka. The permit was being renewed and countersigned from time to time. The validity of the present permit is upto 2.5.2011. The petitioner has been conducting service in accordance with that permit. However, on 5.12.2009, the 4th respondent checked the vehicle while conducting service and issued Ext.P5 order directing the petitioner to stop operation for the reasons mentioned therein. The petitioner is challenging the same on various grounds including violation of principles of natural justice, in so far as before directing the petitioner to stop operation, the petitioner has not been afforded an opportunity of being heard. The petitioner, therefore, seeks the following reliefs: “i) issue a writ of certiorari or other appropriate writ, order or direction, call for the records leading to Ext.P5 issued by the 4th respondent on the basis of the instructions issued by the 1st respondent and quash the said proceedings; and ii) declare that the petitioner is legally entitled to operate service on the route Madur-Mangalore with stage carriage bearing no.KL- 14/H 1116 till the validity of the permit, viz., upto 2.5.2011 and if w.p.c.35321/09 2 renew further till the expiry of the renewal; and iii) issue of writ of mandamus or other appropriate writ, order or direction, restrain the respondents from interfering with the conduct of the regular stage service of the petitioner on the route Madur-Mangalore; and iv) issue such other appropriate writ, order or direction, as may be deem fit and necessary in the facts and circumstances of the case and allow this Writ Petition with costs.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that before passing an order like Ext.P5, which is of very serious civil consequences to the petitioner, the petitioner should have been granted an opportunity of being heard. Although Ext.P5 is liable to be quashed on that ground, in view of the order I propose to pass, I do not think it necessary to quash Ext.P5 as such, if Ext.P5 order is directed to be considered as a show-cause notice. Accordingly, this writ petition is disposed of with the following directions: The 3rd respondent shall treat Ext.P5 as a show-cause notice issued to the petitioner. The petitioner shall file his objections to Ext.P5 within two weeks. The 3rd respondent shall afford the petitioner an opportunity of being heard and pass final orders pursuant to Ext.P5 expeditiously. Needless to say, till final orders are passed, the impugned direction in Ext.P5 shall not be implemented. If the w.p.c.35321/09 3 petitioner seeks copies of the documents referred to in Ext.P5, the same shall be supplied to the petitioner for this purpose. The petitioner shall, if he so wishes, include a prayer for supply of copies of the documents in his objections, which shall be considered as a request for that purpose, by the 3rd respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge