IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 34713 of 2007(G) --------------------------------------- PETITIONERS: -------------------- 1. S.SREEKUMAR, S/O N.SREEDHARAN, DEEPASREE, MANGAD P.O., KOLLAM. 2. PRIVATE BUS OPERATORS FEDERATION, REPRESENTED BY ITS GENERAL SECRETARY, LAWRENCE BABU, CAMP OFFICE, BEACH ROAD, KOLLAM-1. BY ADV. SRI.P.RAVINDRAN (SR.) SRI.HARIKRISHNAN RAVINDRAN RESPONDENTS: ---------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, KOLLAM. 2. THE SECRETARY, RTA, KOLLAM. 3. KSRTC, REP. BY ITS DTO, KOLLAM. 4. V.SREEKUMAR, S/O VISWANATHA PILLAI, THUNDIL VEEDU, MURUNTHAL, PERINAD P.O., KOLLAM. 5. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC - R3 SRI.P.DEEPAK - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).34713/2007-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THR RELEVENT PAGES OF THE NOTIFICATION DATED 09/05/2007. EXT.P2: COPY OF ORDER OF THE RTA KOLLAM DATED 20/07/2007 EXT.P3: COPY OF ORDER OF MEMORANDUM OF APPEAL MVAA NO.605/07. EXT.P4: COPY OF ORDER OF THE JUDGMENT IN MVAA NO.605/07 DATED 31/10/07. EXT.P5: COPY OF THE JUDGMENT IN W.A. NO.1983/06 DATED 03/11/06. EXT.P6: COPY OF THE JUDGMENT IN W.A. NO.477/07 DATED 23/03/07. EXT.P7: COPY OF THE JUDGMENT IN W.A. NO.1842/07 DATED 18/08/07. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE JUDGMENT IN W.P.(C). NO.18498/06 DATED 21/07/06. EXT.R4(b): COPY OF THE JUDGMENT IN W.A. NO.319/05 DATED 23/03/06. // TRUE COPY // Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 34713 of 2007 -------------------------------------------------------- Dated: JULY 15, 2008 JUDGMENT The challenge in this writ petition is against Ext.P2. By Ext.P2 order of the RTA, the application made by the 4th respondent for grant of regular permit was rejected on the ground that a portion of the route in question overlaps the Thiruvananthapuram - Alappuzha notified scheme and that the same is in violation of the scheme notification dated 9.5.2007. Against this order the 4th respondent filed M.V.A.A.No.605/2007 before the STAT and the Tribunal by Ext.P4 judgment allowed the appeal and directed that the permit applied for be granted subject to settlement of timings. 2. The 1st petitioner is a rival operator and the 2nd petitioner is the Federation of Private Bus Operators' Association. 3. A Full Bench of this Court in Binu Chacko v. RTA, Pathanamthitta - 2006 (2) KLT 172 has held that the rival operator cannot object to the grant of permit on the ground that it affects his rights. In this case, the petitioners' case is that the WP(C) 34713/2007 2 grant is in violation of the notification dated 9.5.2007 issued under sec.99 of the Motor Vehicles Act. In the judgment referred to above, the Full Bench was also considering such a case and despite that, it was held that the writ petitioner, being a rival operator, had no locus standi to challenge the grant. Therefore, following the Full Bench decision, this writ petition also deserves to be dismissed. 4. Learned counsel for the 4th respondent has made reference to the judgment of the Apex Court in Mithilesh Rani and Others v. RTA, Dehradun and others - AIR 1994 SC 2229 wherein an objection raised by private bus operators on the ground that the grant was in violation of the scheme notification was declined to be entertained by the Apex Court as the said objection was not forthcoming from the State Transport Undertaking. Be that as it may, since the position is concluded against the petitioners in view of the Full Bench judgment referred to above. this writ petition is dismissed as not maintainable. ANTONY DOMINIC JUDGE mt/-