IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 23195 of 2007(J) -------------------------------------- PETITIONER: ------------------- P.K.SANTHOSH, ROOM NO.3, T.M.COMPLEX, CHANDRA NAGAR, PALAKKAD. BY ADV. SRI.G.HARIHARAN, ADV. SRI.PRAVEEN HARIHARAN. RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 4. T.BALARAMACHANDRAN, RAILWAY COLONY, PALAKKAD. 5. THE KERALA STATE PRIVATE BUS OPERATOR'S FEDERATION, REPRESENTED BY GENERAL SECRETARY, LAWRENCE BABU, MACHINGAL LANE, THRISSUR. 6. K.X.FRANCIS, S/O.K.R.XAVIER, AGED 52 YEARS, RESIDING KALATHIPARAMBIL HOUSE, DHONT P.O., PALAKKAD. 7. R.PONNUSWAMY, AGED 62 YEARS, S/O.RACHIYANA GOUNDER, 3/313, BLOCK OFFICE ROAD, KOLLENKODE, PALAKKAD. 8. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. R1,R2 & R8 BY GOVT. PLEADER SMT. M.R. SREELATHA, R3 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC, R4 BY ADV. SRI.G.PRABHAKARAN, R5 BY ADV. SRI.P.DEEPAK, R6 BY ADV. SRI.MILLU DANDAPANI, R7 BY ADV. SRI.SAJEEV KUMAR K.GOPAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, ALONG WITH W.P.(C). NO. 23243/2007 & CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23195/2007-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 10/01/2006 FILED BY THE PETITIONER FOR THE GRANT OF REGULAR PERMIT AS A TOWN SERVICE ON THE ROUTE N.S.S. ENGINEERING COLLEGE, PALAKKAD. EXT.P.2: COPY OF THE DECISION OF THE R.T.A. PALAKKAD RELATING TO ITEM NO. 28 ON THE MEETING HELD ON 21/08/2006 REJECTING EXHIBIT P.1. APPLICATION. EXT.P.3: COPY OF THE ORDER IN M.V.A.A. NO. 790/2006 PASSED BY THE S.T.A.T. ON 02/03/2007. EXT.P.4: COPY OF THE NOTIFICATION NO. 12951/B1/2001/TRAN. DTD. 09/05/2006. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE DRAFT SCHEME DTD. 09/05/2007. EXT.R4.B: COPY OF THE DRAFT SCHEME DTD. 15/09/2008. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.23195, 23243 23244 & 23245 of 2007 ------------------------- Dated this the 3rd day of November, 2008. JUDGMENT Common issues arise for consideration in these cases. Therefore, they have been heard together and are being disposed of by this common judgment. I will refer to W.P.(C)No.23243/07 in the first instance. 2. The petitioner submitted an application for regular permit on different routes. The application was rejected by the Regional Transport Authority on the ground that it overlaps the notified route. The notified route taken note of by the Regional Transport Authority was one which was notified under notification dated 13.11.1962. Apparently, the Regional Transport Authority took a decision to the effect. There is an overlapping in excess of 10 kms and consequently when the scheme in question is a total exclusion scheme, it was not possible to grant a permit to the private operator. Ext.P2 order was confirmed by the State Transport Appellate Tribunal as per Ext.P3 judgment and the same has been challenged in this writ petition. W.P.(C).NO.23243/07 & connected cases. :: 2 :: 3. Subsequently, a notification was issued by the Government on 9.5.2007. Clause 4 in the schedule to the same enables an existing private operator to continue as such. As per Clause 19, the right to operate new any service and to increase the trips was reserved exclusively for Kerala State Road Transport Corporation [for short 'the Corporation']. But, permits could be granted to private operators permitting them to overlap 10 kms or 10% of the total length of the route, whichever is less on the notified route. 4. Subsequently a fresh draft notification has been issued on 15.9.2008. Clause 4 of the same enables permits to be issued to private operator on or before 9.5.2006 to be allowed to continue till the dates of expiry of the respective permits. But, thereafter, Temporary Permits alone will be granted to them and that too if the State Transport Undertaking does not apply for permits in the same routes. It is further stated that permits issued after 9.5.2006 shall not be renewed and no permit, regular or Temporary, shall be issued afresh under any circumstances in the 31 routes W.P.(C).NO.23243/07 & connected cases. :: 3 :: mentioned in the Annexure or any portion thereof. As per Column 19, the right to operate any new service and to increase the trips in the above 31 notified routes in the Annexure or its portions will be reserved exclusively for the State Transport Undertaking. 5. It is stated that the draft notification is to be finalised after following the procedure provided in Section 100 of the Motor Vehicles Act. But, what is to be noted, at this juncture, is that there would be no purpose served even if the Transport Authority is to reconsider the petitioner's application inasmuch as the scheme which was in force, when the petitioner had applied for the permit, is no longer in force. In the circumstances, the writ petitions are disposed of holding that if the petitioners file applications for fresh Temporary Permits, the same shall be considered in accordance with law. If final notifications are issued in that regard in relation to the notified routes, pursuant to the draft notification dated 15.9.2008, obviously, such applications shall be considered with reference to the then existing need W.P.(C).NO.23243/07 & connected cases. :: 4 :: as well. The orders impugned in these writ petitions shall not stand in the way of such applications being considered and dealt with by the competent authority. Sd/- (V.GIRI) JUDGE sk/ //true copy//