IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2588 of 2010(S) ---------------------------------- PETITIONERS: -------------------- 1. THE KERALA STATE PRIVATE BUS OPERATORS FEDERATION, REGN. NO.609/1993, REPRESENTED BY ITS GENERAL SECRETARY LAWRENCE BABU, AGED 59 YEARS S/O.LAWRENCE, MACHINGAL LANE, THRISSUR 680 001 (CAMP OFFICE BEACH ROAD, KOLLAM-1). 2. LIMITED STOP STAGE CARRIAGE OPERATORS' ASSOCIATION, REPRESENTED BY ITS PRESIDENT V.J.SEBASTIAN, AGED 67 YEARS, S/O.JOSEPH, SUPER BAZAR COMPLEX, KANNUR-1. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) No.2588 of 2010 ------------------------------------------ Dated this the 29th day of January, 2010 JUDGMENT Kurian Joseph, Ag. C.J. This writ petition is filed in public interest with the following prayers: “i) To declare that the student concession now evolved by the government from time to time providing concessional rate to passengers travelling in private buses merely because they fall in the category of students and fixing special rate for them is violative of Articles 14, 19 and 21 of the Constitution of India. ii) To declare that the Government of Kerala has no powers to thrust upon private buses for which permits are granted under the Motor Vehicles Act to offer any special fares to students under the Motor Vehicles Act or the Rules framed thereunder by issuing a mere notification. iii) To issue a Writ of Mandamus forbearing the Government of Kerala and the Regional Transport Authority and the State Transport Authority in the State to refrain from fixing any concession to any member of the student community travelling in private buses in the State of Kerala.” W.P.(C) No.2588 of 2010 - 2 - 2. Heard learned senior counsel appearing for the petitioner and the learned senior Government Pleader. 3. Learned Government Pleader submits that the Government is already seised of the issue in the matter of revision of fares and this issue also will be considered by the Government. Therefore, the writ petition is disposed of directing the first respondent to consider Ext.P3 representation also while taking a decision with regard to the revision of fares. The petitioner may produce a copy of this judgment along with a copy of the writ petition before the first respondent. We make it clear that the Government shall afford an opportunity of hearing to the representatives of the affected parties also in the process. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns