IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 24909 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------- P.A.KUTTIKRISHNAN,AGED 41 YEARS, S/O.ANANDANCHETTY,PUTHNOOR HOUSE, NAMBIARKUNNU,CHEERAL POST. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY,WAYANAD REPRESENTED BY ITS SECRETARY, WAYANAD, PIN 673122 2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,THIRUVANANTHAPUAM-1. R1 BY GOVERNMENT PLEADER SI. K.C. SANTHOSH KUMAR R2 BY ADV. SRI. BENJAMIN PAUL, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.24909 of 2010 ------------------------------------------- Dated this the 10th August, 2010 JUDGMENT The petitioner has filed this writ petition challenging Ext.P1 proceedings by which an application for conversion of service from a Limited Stop Ordinary Service (LSOS) to a Fast Passenger has been rejected. According to the petitioner, his route length exceeds 140 kms. and therefore, as per the Kerala Motor Vehicles Rules, the petitioner is not permitted to conduct his service as an LSOS. It was for the purpose of complying with the requirements of the newly amended rules that the petitioner had submitted an application for conversion of his service as a Fast Passenger. However, relying on a judgment of this Court of the year 1997, the petitioner's application has been rejected. 2. I have heard the learned Government Pleader also. A reading of Ext.P1 order shows that the request of the petitioner for conversion has been rejected relying on a judgment of this Court in W.A.No.1591 of 1997 wherein it wpc No.24989/2010 2 has been held that conversion to a Fast Passenger Service shall not be granted until the State Government prescribes necessary norms regarding the facilities to be rendered to the public. As per the present rules, services on routes exceeding a length of 140 kms. are not permissible to be conducted as an LSOS. It is for the said reason that the petitioner has applied for the conversion of his service as a Fast Passenger. The validity of the amendments introduced were the subject matter of challenge in WPC No.14782 of 2009 which was finally disposed of by Ext.P2 judgment. After considering the validity of the amendments, it has been held by this Court that the amendments are valid except for the definition of the expression 'Fleet Owner'. Accordingly, the requirement of a Fleet Owner itself has been set aside. Ext.P2 judgment also stipulates the matters to be considered while granting or refusing an application for conversion as a Fast Passenger. In view of the above, the rejection of the application submitted by the petitioner is without any justification. Ext.P1 is therefore set aside. The first respondent is directed to consider the application wpc No.24989/2010 3 submitted by the petitioner for conversion, in accordance with law and to pass final orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/