IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 31639 of 2010(D) -------------------------- PETITIONER(S): --------------- K.ABOOBACKER, VEETTILAVALAPPIL HOUSE, MATTATHUKAD P.O., KOTTATHARA, MANNARKKAD, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD. 3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 4. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY SRI.P.BENJAMIN PAUL, SC FOR KSRTC BY GOVT. PLEADER SRI.K.V.MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.31639 of 2010 EXT.P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER DATED 11.2.2010 EXT.P2 TRUE COPY OF THE PROCEEDINGS DATED 24.1.2002 EXT.P3 TRUE COPY OF THE COMMUNICATION DATED 7.7.2010 EXT.P4 TRUE COPY OF THE JUDGEMENT IN OP.NO.5609/1983 DATED 8.1.1985 EXT.P5 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.21692 OF 2009 DATED 6.8.2009. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.31639 of 2010 ------------------------------- Dated this the 18th day of January, 2011 J U D G M E N T The petitioner is a stage carriage operator operating the stage carriage bearing Registration No.KL-11 R 7839 on the route Anakkatty – Guruvayoor on the strength of Ext.P1 regular permit, as per the time schedule set out in Ext.P2. The petitioner alleges that Kerala State Road Transport Corporation is operating 5 stage carriages on the route Anakkatty – Guruvayoor without a valid permit and without the timings being settled. Relying on Ext.P4 judgment in O.P.No.5609 of 1983, the petitioner contends that as the route in question is not a nationalised route, the Kerala State Road Transport Corporation can operate stage carriages only on the strength of a valid permit. In this writ petition, the petitioner seeks a declaration that respondents 1 and 2 are not entitled to operate stage carriages on th route Anakkatty – Guruvayoor without settlement of timings and without a permit from the concerned Regional Transport Authorities. The petitioner also seeks a direction to respondents 3 and 4 to prevent the illegal operation of stage carriage buses by the Kerala State Road Transport Corporation on the route Anakkatty – Guruvayoor. 2. It is evident from the writ petition that the main grievance of the petitioner is that the Kerala State Road Transport W.P.(C) No.31639 of 2010 2 Corporation is operating stage carriages on the route Anakkatty – Guruvayoor otherwise than on the strength of a regular permit. It is not in dispute that though the operation of route is a nationalised route, the substantial portion of the route is not nationalised. The respondents have not placed on record any material to show that five stage carriages operating on the route Anakkatty – Guruvayoor are having valid permits issued by the Regional Transport Authority of Thrissur and Palakkad. In such circumstances, I am of the opinion that respondents 3 and 4 should consider the grievance voiced by the petitioner and take an appropriate decision in the matter. I accordingly dispose of the writ petition directing that in the event of the petitioner filing an appropriate representation before respondents 3 and 4 within two weeks from today, the said authorities shall consider the same and take an appropriate decision thereon, after notice to and affording the petitioner and the second respondent a reasonable opportunity of being heard expeditiously and in any event, within six weeks from the date of receipt of a copy of the representation. The contentions of both sides on the merits are kept open. P.N. RAVINDRAN, JUDGE. nj.