IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 21995 of 2009(T) -------------------------------------- PETITIONER(S): ---------------------- JOHNSON NELLISSERY, NELLISSERY HOUSE, CHENGAMANAD P.O., 683 578, ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.M.N.MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES, ROOM NO.113, SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695 001. 3. THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023. R1 & R2 BY GOVERNMENT PLEADER SMT.T.B. REMANI. R3 BY ADV. MR.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21995/2009-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(P)NO.71/2003/SWD DATED 06/12/2003 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P2: COPY OF THE MEMORANDUM NO.LR.9-002115/04 DATED 05/03/2005 WITH THE REVISED PASS RULES FOR GRANT OF TRAVEL CONCESSION TO THE PHYSICALLY HANDICAPPED AND BLIND PERSONS IN THE KSRTC BUSES ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE IDETITY CARD NO.KL EKM LD 5929 DATED 27/08/2008 ISSUED BY THE DISTRICT WELFARE OFFICER, ERNAKULAM. EXT.P4: COPY OF THE CLARIFICATION ORDER NO.553/08/S6/SCPWD DATED 04/11/2008 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT WITH COPY TO THE PETITIONER. EXT.P5: COPY OF THE JUDGMENT DATED 30/03/2009 OF THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO. 10169/2009 (M). EXT.P6: COPY OF THE MEMORANDUM NO.LR9-16505 DATED 27/05/2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21995 OF 2009 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT 1.The petitioner is aggrieved by Ext.P6 decision of the Kerala State Road Transport Corporation and states that the same is contrary to Ext.P1 decision of the Government. The fundamental plea is that physically handicapped persons, whom the petitioner represents, are not granted appropriate relief. The petitioner, accordingly, seeks a declaration that he is entitled to get travel concession in the KSRTC buses as per relevant rules and Ext.P6 memorandum of the KSRTC is unsustainable. 2.Learned counsel for the KSRTC states that by now, nearly 35,000 persons have been given concession on ground of being physically challenged and within the relevant norms as fixed by the Government. He says that the Government do not provide any support by way of grant or aid and therefore, it WPC.21995/09 2 would not be financially possible or viable for the KSRTC to accede to the suggestion that KSRTC should give concession to the physically challenged. The matter in hand, firstly, raises an issue of policy relating to the support that the State instrumentality will have to be extended to the physically challenged persons. This is a matter firstly for the attention of the Government rather than judicial review. Under such circumstances, this writ petition is ordered without entering on merits, however, directing that the first respondent will ensure that any representation of the petitioner in regard to what is stated above is placed before the competent authorities with the views of the second respondent and appropriate orders are issued, after hearing the petitioner and the third respondent. Let the needful be done within a period of four months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02.