IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 1483 of 2008(B) ------------------------------- PETITIONER: -------------- KARNATAKA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALORE DIVISION, MANGALORE, SRI.P.B.KURUMBAIH, S/O.BHEEMIAH, 'BEJAI', MANGALORE. BY MR.K.P.JUSTINE, ADVOCATE. RESPONDENTS: ------------------ 1. HONNIAH, S/O.P.LOKAYYA, KIRAN NIVAS, NEAR RAGHAVENDRA MUTT, KALLARE PUTHUR D.K., KASARAGODE DISTRICT. 2. STATE TRANSPORT APPELLATE TRIBUNAL (KERALA), ERNAKULAM. 3. STATE TRANSPORT AUTHORITY (KERALA), THIRUVANANTHAPURAM. 4. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, THIRUVANANTHAPURAM. BY MR.JOHNSON P.JOHN, SC, KSRTC FOR R4. MR.P.V.BABY, ADVOCATE, FOR R1. MR.R.KIRAN, ADVOCATE, FOR R1. MR. DILIP MOHAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.1483/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF AGREEMENT OF INTER STATE SERVICE BETWEEN KARNATAKA AND KERALA DTD. 10.6.1976. EXT. P2 : COPY OF CERTIFICATE OF ENDORSEMENT OF VARIATION ON THE PERMIT ISSUED BY THE KARNATAKA STATE TRANSPORT AUTHORITY. EXT. P3 : COPY OF JUDGMENT DTD. 28.2.05 IN M.V.A.A. No.373/2004 PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. EXT. P4 : COPY OF JUDGMENT DTD. 30.6.05 IN W.P.(C) No.16333 OF 2005 PASSED BY THIS HONOURABLE COURT. 1ST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF PROCEEDINGS OF R3 HELD ON 21.12.2005. EXT. R1(b) : COPY OF JUDGMENT DTD. 16.8.07 IN MVAA No.193/2004 OF R2. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1483 of 2008 --------------------------------- Dated, this the 7th day of September, 2009 J U D G M E N T Challenge in this writ petition is against Ext.P3 judgment rendered by the STAT on 28/02/2005, in M.V.A.A. No.373/2004. 2. The appeal filed by the party respondent was against the refusal of the STA to countersign the variation by one additional round trip. A reading of Ext.P3 judgment of the Tribunal shows that the counter signature was refused stating that there was no vacancy as per the interstate arrangement. This has been considered by the STAT, and it was found that allotment of one trip of defaulted service of S.T.U. to another Karnataka operator, by the Karnataka STA, will not violate the interstate agreement. Proceeding further, it has been held that since the grant or additional trip by variation is not in violation of the interstate agreement, the view taken by the Kerala Authority was erroneous. On the materials available, I see no reason to take a view, different from the view taken by the STAT in the judgment. The writ petition fails, and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg