IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21118 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. THRISSUR JILLA PVT. BUS OPERATORS ASSOCIATION, THRIPRAYAR PO.NATTIKA, THRISSUR WITH ITS REGISTRATION NUMBER 765/03 REPRESENTED BY ITS PRESIDENT A.I.SHAMSUDEEN. 2. A.I.SHAMSUDEEN, GIFT PALACE, MAIN ROAD, PAVARATTY, THRISSUR-680 507. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE GOVT. OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS AND TRANSPORT(M)DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM,. 2. THE DISTRICT COLLECTOR CUM THE CHAIRMAN, STUDENTS TRAVEL FACILITY COMMITTEE, THRISSUR. 3. THE REGIONAL TRANSPORT OFFICER CUM THE CONVENER, STUDENTS TRAVEL FACILITY COMMITTEE, THRISSUR. 4. THE KERALA ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI.MOHAMMED HASHIM K.S R4 BY SRI.BENJAMIN PAUL SC-KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 21118 of 2010-L ---------------------------- Dated this the 9th day of July, 2010. J U D G M E N T The petitioners; the President of Thrissur Jilla Private Bus Operators Association and another have approached this Court seeking for the following reliefs: “i) Issue a Writ of Mandamus or such other Writs order or appropriate direction to the respondents to take immediate steps on Ext.P5 representation given by the petitioner and to insist that the students travel facility should be made applicable to Ordinary Service as well as Limited Stop Ordinary Service and misuse of such concession facility should be totally avoided so that only genuine students who are entitled to avail the facility alone are availed of the same. ii) Grant such other relief as this Hon'ble Court may deem fit and proper.” Prima facie, it may appear that the prayer to direct the respondents to consider Ext.P5 representation is an innocuous one. Various grounds have been raised with regard to the travel concession availed by the students; also pointing out that some sort of discriminatory tactics are being pursued by the Government; in so far as the facility that is being extended from the part of the KSRTC is considered on one hand and such liability required to be W.P(C) No. 21118 of 2010-L 2 satisfied from the part of the private bus operators on the other hand. Several other aspects are also mentioned in the said representation, which in fact has been addressed to ‘five’ different authorities simultaneously and the relief sought for is to direct the said respondents to pass appropriate orders in the said representation. 2. Going by the contents of the above representation, this Court finds that no respondent other than the first respondent can take any decision with regard to the subject matter; which rather involves ‘Policy’ of the Government. This Court does not have any power or jurisdiction to deal with the Policy of the Government, unless it is quite arbitrary and shockingly contrary to the public interest. More so, when the relief sought to be achieved as prayed for, in ‘para 15’ of the representation is to cause necessary ‘ legislative steps’ to be taken to redress the grievance as thereunder. This Court cannot issue a Writ of Mandamus directing the Government to legislate on a subject. A power which is expressly not available, can’t be invoked indirectly, by directing the respondents to consider Ext.P5 representation and to pass W.P(C) No. 21118 of 2010-L 3 appropriate orders to cause to effect legislative steps. 3. In the above circumstances, no interference is warranted and the Writ Petition is dismissed. However, this will not stand in the way of the petitioners by pursuing the matter before the Government, through other appropriate measures/means. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab