IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WA.No. 591 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4693/2009 Dated 26/02/2009 .................... APPELLANTS/PETITIONERS IN THE W.P(C): -------------- 1. SATHEESH PARGADE, S/O.SANTHARAM DARGADE, KOPPERTHOOTTA HOUSE, KANGANADI, MANGALORE. 2. K.GOPAL SHETTY, S/O.BHASKAR SHETTY, VINAYA DURGA NIVAS, THALAPPADI. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS/RESPONDENTS IN THE WRIT PETITION: --------------------- 1. STATE TRANSPORT AUTHORITY KERALA REP.BY ITS SECRETARY. 2. THE SECRETARY, STATE TRANSPORT AUTHORITY, KERALA. 3. THE REGIONAL TRANSPORT OFFICER , KASARGODE. 4. THE MOTOR VEHICLES INSPECTOR, REGIONAL TRANSPORT OFFICE, KASARAGOD. GOVT.PLEADER, SMT.R.BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. --------------------------------- W.A. No. 591 OF 2009 --------------------------------- Dated this the 12th day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioners are the appellants. They are stage carriage operators, operating their vehicles KL-19/AD-9459 and KA-19/AC-9531 on the route Mangalore-Kasaragod. The permit was granted by State Transport Authority, Karnataka. It was countersigned by State Transport Authority, Kerala. While granting the permit, the primary authority imposed a condition that the grant will be subject to the disposal of W.A.Nos.840/2007 and 851/2007. While counter signing, the STA, Kerala, stated that the counter signature is subject to the conditions already attached to the permit. While the petitioners were operating the vehicles on the aforementioned route, Karnataka High Court dismissed the aforementioned writ appeals. The result was that the grant of permits in their favour became illegal. On coming to know of the writ appeal judgments, the Field Officers in Kerala checked the vehicles and W.A.No.591/2009 2 issued Exts.P7 and P8 check reports calling upon them to stop the operation of the stage carriage. Challenging Exts.P7 and P8, the writ petition was filed. The learned Single Judge took the view that the counter signature was also granted subject to the same conditions imposed by the primary authority. Therefore, after the dismissal of the writ appeals by the Karnataka High Court, the petitioners have no right to operate. So, the learned Single Judge declined to interfere with Exts.P7 and P8. The writ petitioners have preferred this appeal contending that, until the primary authority cancels the permits with notice to them, they are entitled to operate. Further, relying on Exts.P4 and P5 it is submitted that the Kerala authority has not attached any condition that the grant of counter signature will be subject to any of the conditions imposed by the primary authority. Ext.P5 reads as follows: “Stage Carriage KA-19-AC-9531 covered by regular Stage Carriage Permit No.72/92-93 valid upto 28.07.2007 on the interstate route Mangalore to Kasargod and back four round trips per day Via.Thokkottu, Thalappady, Uppala and Kumbala on double point tax basis W.A.No.591/2009 3 is renewed for a further period of 5 years from 29.07.2007 to 28.07.2012 by Secretary, STA, Karnataka is countersigned and subject to the conditions already attached.” 2. Going by the above order granting counter signature, we are of the view that the counter signature by Kerala authority was granted subject to the conditions attached to the permits by the primary authority. One of the conditions attached by the primary authority was that the grant of permit was subject to the decision in the aforementioned writ appeals. The contention of the appellants that Kerala authority has not imposed any condition is untenable. We concur with the view of the learned Single Judge that all the conditions attached to the permit by the primary authority have been imposed by the counter signing authority also. Once the writ appeals are dismissed, in view of the conditions imposed at the time of counter signature, the Kerala authority and the officials under that authority can definitely take the stand that the operation in Kerala sector is unauthorised. The contention of the appellants that until the primary authority cancels the permits, they should be allowed to W.A.No.591/2009 4 operate in Kerala cannot be accepted. Therefore, the appeal lacks merits and accordingly it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps