IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 30901 of 2008(D) ---------------------------------- PETITIONERS: ----------------- 1. KERALA STATE PRIVATE BUS OWNERS' AND OPERATORS' FEDERATION, GEE VEE COMPLEX 1ST FLOOR, NEAR ANDAMUKKAM BUS STAND, KOLLAM REPRESENTED BY ITS GENERAL SECRETARY, A.M.SAHEER. 2. R.PRAKASH, KUNNAMPADAM, MAYYANADU POST, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------------ 1. REGIONAL TRANSPORT AUTHORITY, KOLLAM REPRESENTED BY SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 3. REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, REPRESENTED BY SECRETARY. 4. THE SECRETARY, REGIONAL TANSPORT AUTHORITY, PATHANAMTHITTA. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOLLAM. 6. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA. WP(C).No. 30901/2008 ...2... 7. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, ADOOR. ADV. SHRI. JOHNSON P.JOHN, SC, KSRTC FOR R5 TO R7 GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30901/2008 -------------------- Dated this the 5th day of December, 2008 JUDGMENT First petitioner, a Private Bus Owners' and Operators' Federation has approached this Court aggrieved by what it terms as illegal operation of KSRTC buses on the route Kollam-Pathanamthitta. It is stated as follows in paragraph 2 and 3 of the said statement. KSRTC started chain service consisting of four vehicles on the route Kollam-Pathanamthitta. The Vehicle numbers KL-15/6727, KL-15/6738 are having valid permits on the route Kollam- Pathanamthitta (via) Adoor, Sankaramangalam. Vehicle Numbers KL- 15/6748 and KL-15/6713 are having valid permits on the route Mundakkayam- Punalur (via) Pathanamthitta, Pathanapuram. KSRTS is also having permits on the route Pathanamthitta- Kollam in respect of vehicles Nos.KL- 15/6746 and KL- 15/6723. Permits are W.P.(C).30901/2008 2 also issued in respect of vehicle Nos.Kl- 15/6722, KL-15-6745, KL-15-7024 on the route Kollam-Pathanamthitta (via) Adoor. KSRTC is also having permits on other routes touching Kollam and Adoor. The services in certain routes have been slightly modified to add to chain services. Five of such permits have been slightly modified in order to cater to the needs of chain, services which has proved to be promoting public interest. There is great demand for chain services operated by KSRTC now a days. Therefore, 3 permits on other routes have been slightly modified to be included in the chain service. 2. Having heard learned counsel on both sides, writ petition is disposed of directing the KSRTC to see that they operate services on the route, only after they have obtained a permit in that regard from the RTA. If they are operating any services without a permit, they shall take steps to see that permits are obtained, within one month from the date of receipt of a copy of this judgment. If they are not in a position to obtain a permit W.P.(C).30901/2008 3 within the aforementioned period, then, services which are not sanctioned by the competent authority, shall be stopped and shall thereafter, be resumed only after obtaining a permit from the competent authority. V.GIRI, Judge mrcs