IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 30013 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. S.SREELAL, THATTAIKKADUSSERIYIL HOUSE, NAYARUPARA P.O., IDUKKI. 2. CHERUTHONY MEKHALA BUS UDAMA SANGAM, (REG.NO.1.146/2009), REPRESENTED BY ITS PRESIDENT SRI.M.S.SAJAN,AGED 42 YEARS, S/O.SREEDHARAN, MALIYEKKAL HOUSE,KEERITHODU. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI. 2. THE SUPERINTENDENT OF POLICE, IDUKKI. 3. THE CIRCLE INSPECTOR OF POLICE, IDUKKI. 4. THE SUB INSPECTOR OF POLICE, IDUKKI. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 30013 of 2009 ================== Dated this the 14th day of December, 2009 J U D G M E N T The 1st petitioner is a stage carriage operator. The 2nd petitioner is an association of bus owners of Cheruthony. Their grievance in this writ petition is regarding inaction on the part of the respondents in preventing illegal parallel bus services conducted by jeeps, contract carriages and taxi cars on the various routes mentioned in the writ petition. The petitioners, therefore, seek the following reliefs: “(i) Issue a writ in the nature of Mandamus or such other writ, order or direction commanding the respondents to act on Exhibits P1 to P3 representations and initiate proceedings under Section 86 of the Motor Vehicles Act, 1988 against contract carriage operators [taxi jeeps] found conducting parallel stage carriage, including cancellation of permits in the case of serial offenders. (ii) Issue a writ in the nature of Mandamus or such other writ, order or direction commanding the 1st respondent and the officials under him to report all cases of parallel stage carriage operation by contract carriage operators and private operators to respondents 2 to 4 for initiation of appropriate (sic) under Section 192A of the Motor vehicles Act, 1988. (iii) Issue a writ in the nature of Mandamus or such other writ, order or direction commanding the 1st respondent and the officials under him to take action for cancellation of the certificate or registration and also collection of additional tax of all private vehicles indulging in stage carriage operation by incorporating additional seats that (sic) the approved number.” 2. The learned Government Pleader, on instructions, submits that on receipt of the complaint from the 2nd petitioner, appropriate inspections have been conducted and two vehicles have been booked for illegal operation without permit. It is also summited that w.p.c.30013/09 2 appropriate steps would be taken whenever such illegal parallel operations of the vehicles, without permits, are noted. 3. The learned counsel for the petitioners submits that if the same vehicles are found to be again indulging in such activities even after the first apprehension, more severe punitive action may be directed to be taken by the respondents. 4. After hearing both sides, I dispose of this writ petition with a direction to the respondents to see that no vehicle conducts illegal operation in the area in question without permit and that repeated violators shall be dealt with very stringently, as per law. It would be open to the petitioners to point out to the respondents any illegal operation by any owner of vehicle, which shall be appropriately dealt with by the respondents. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge