IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 34566 of 2003(M) ----------------------------------------- PETITIONER(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION(CITU), STATE COMMITTEE OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION (CITU)THODUPUZHA UNIT, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI REP. BY ITS SECRETARY. 4. THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM REP. BY ITS SECRETARY. 5. KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC) CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 6. THE GENERAL SECRETARY, KOTTAYAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, KOTTAYAM. GOVERNMENT PLEADER FOR R1 TO 4 ADV. SRI.JOHNSON P.JOHN, SC, KSRTC FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34566/2003M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORER OF THE HON'BLE SUPREME COURT IN SLP (CIVIL) NO.15796/01. EXT.P2: COPY OF THE D.O.LETTER NO.TRB.2/0020732/97 DTD.3/7/2002 ISSUED BY THE 5TH RESPONDENT. EXT.P3: COPY OF THE LETTER NO.02/12011/STA/2001 DTD. 25/07/2002 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER NO.TRB-2-0020372/97 DTD. 26/07/2003 ISSUED BY THE 5TH RESPONDENT. EXT.P5: COPY OF THE LETTER NO.12951/81/01/TRAN.DTD. 3/09/2002 ISSUED FRM THE OFFICE OF THE ADDITIONAL CHIEF SECRETARY, GOVT. OF KERALA. EXT.P6: COPY OF THE LETTER NO.TRB2-0020372/97 DTD. 6/01/03 ISSUED BY THE 5TH RESPONDENT. EXT.P7: COPY OF THE LETTER NO.12951/B1/2001/TRAN.DTD. 22/09/2003 ISSUED BY THE 1ST RESPONDENT. EXT.P8: APPLICATION FILED BY THE 1ST PETITIONER ON 1/10/03 BEFORE THE CHIEF MINISTER, GOVT. OF KERALA WITH COPY TO THE 1ST RESPONDENT. EXT.P9: COPY OF THE NOTIFICATION NO.G.O.MS.139/67/PW DTD. 18/07/1967 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF THE NOTIFICATION NO.57267/TB3/65/PW DTD. 24/10/1966 ISSUED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE NOTIFICATION NO.36929/TB3/66/PW DTD.12/10/1966 ISSUED BY THE 1ST RESPONDENT. EXT.P12: COPY OF THE ROUGH SKETCH SHOWING THE ROUTES COVERED BY EXHIBITS P9,P10 AND P11. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34566 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th November, 2008 JUDGMENT The 1st petitioner is a trade union of the employees of the K.S.R.T.C. and the 2nd petitioner is its Thodupuzha unit. They have approached this court challenging Exts.P3, P5 and P7 communications and also consequential reliefs. Those exhibits are communications addressed by the Government to the K.S.R.T.C. calling for its proposals so that the Government can process its proposal to denationalise some of the routes and take further action in accordance with law. The petitioners submit that the action of the Government will amount to violation of the statutory provisions in Chapter VI of the Motor Vehicles Act, 1988. 2. The Government are only processing the proposal for denationalisation. A route can be denationalised only after following the procedure prescribed under various provisions in Chapter VI of the Motor Vehicles Act. When a statutory notification is issued containing the proposal, petitioners will get a statutory opportunity to object also. At this stage, the grievance raised by the petitioners is only imaginery. The reliefs sought for are premature. 3. The learned Standing Counsel for the K.S.R.T.C. pointed out W.P.C.No.34566/03 - 2 - that proposals for variation of certain nationalised routes have already been notified by the Government. If that be so, the petitioners, if they are aggrieved, must have filed their objections. If the petitioners have already objected, they may pursue the same. Subject to that right, this Writ Petition is closed. srd K.BALAKRISHNAN NAIR, JUDGE