IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 22854 of 2011(F) -------------------------- PETITIONER(S): --------------- MR. K.T.JOSE, KONDODICKAL HOUSE, CHAMPAKKARA P.O., KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI, CIVIL STATION, KUYILIMALA, PAINAVU P.O., IDUKKI DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA P.O., IDUKKI DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR, PEERUMEDU P.O., IDUKKI DISTRICT. 4. THE PRINCIPAL, CHIDAMBARAM PILLA MEMORIAL HIGHER SECONDARY SCHOOL, PEERUMEDU P.O., IDUKKI DISTRICT. (DELETED) 5. THE PRINCIPAL, (INSTITUTE OF HUMAN RESOURCES DEVELOPMENTS), IHRD, PEERUMEDU P.O., IDUKKI DISTRICT. (DELETED) 6. THE STUDENTS FEDERATION OF INDIA (SFI), REPRESENTED BY ITS SECRETARY, CHIDAMBARAM PILLA MEMORIAL HIGHER SECONDARY SCHOOL UNIT, IDUKKI DISTRICT. 7. KERALA STUDENTS UNION (KSU), REPRESENTED BY ITS SECRETARY, CHIDAMBARAM PILLA MEMORIAL HIGHER SECONDARY SCHOOL UNIT, IDUKKI DISTRICT. 8. THE DISTRICT COLLECTOR, COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI DISTRICT. 9. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 10. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. R4 AND R5 ARE DELETED AS PER ORDER DTD. 23-8-2011 R1 TO R3, R8 AND R9 BY GOVT. PLEADER SMT. C.M. CHARISMA ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, ALONG WITH WPC NO. 23232 OF 2011 WPC NO. 23884 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 22854/11 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER'S VEHICLE BEARING REGISTRATION NO. KL-33A-8090 DT. 10-09-2009 VALID UPTO 22-01-2013. EXT.P2 TRUE COPY OF THE JUDGMENT DT. 7-10-2009 IN WPC. 14782 OF 2009 PASSED BY THIS COURT. EXT.P3 TRUE COPY OF THE NOTIFICATION DT. 29-9-2001 ISSUED UNDER SECTION 67 OF THE MOTOR VEHICLES ACT, 1988. EXT.P4 TRUE COPY OF THE TIME SCHEDULE ISSUED TO THE PETITIONER'S VEHICLE DT. 1- 6-2010 EXT.P5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE THIRD RESPONDENT BY THE PETITIONER WITHOUT DATE. EXT.P6 TRUE COPY OF THE RECEIPT DATED 13-8-2011 ISSUED BY THE THIRD RESPONDENT EVIDENCING THE RECEIPT OF EXT.P5 COMPLAINT. EXT.P7 TRUE COPY OF THE JUDGMENT DT. 24-9-2010 IN WPC. 22645/10 PASSED BY THIS COURT. RESPONDENTS' EXHIBITS: NIL (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). Nos. 22854, 23232 & 23884 of 2011 ------------------------------------------------- Dated this the 5th day of September, 2011 J U D G M E N T Abdul Rehim, J. All the three writ petitions are filed by stage carriage operators having fast passenger permits in different routes, covering Kottayam Kumily Road, wherein various educational institutions like Chidambaram Pillai Memorial Higher Secondary School, Peerumedu, Institute of Human Resource Development, Peerumedu, Mariam College, Kuttikkanam etc. situate. It is the common allegation in all the three cases that, the students of the above said institutions, under leadership of organizations impleaded as respondents No. 6 and 7 in WP(C) No. 22854 of 2011 are creating physical obstructions in conducting the bus services, claiming that the students should be given concessional tariff (ticket rates) for travelling in the buses owned by the petitioners. 2. Inspite of service of notice from this court to the above said student organisations, nobody entered WP(C) No. 22854/11 etc. -2- appearance and contested the writ petitions. It is pointed out by the learned counsel appearing for the petitioners that the concessional rate permitted to students, is not applicable with respect to stage carriages plying on the basis of fast passenger permits. Sri. Joby Jose Kondody, learned counsel for the petitioner in WP(C) No. 22854 of 2011 had drawn our attention to Ext. P3 in the said writ petition, which is the notification issued under Section 68 (3) of the Motor Vehicles Act, fixing the fare rate of stage carriages. Referring to clause G of the said notification, it is pointed out that the 75% concession allowed to the students is applicable only for travelling in city/town and ordinary/mofussil services. Therefore, it is contended that the petitioners who are operators of fast passenger services are not liable to allow concessional rate to students. It is the case of the petitioners that, inspite of complaints submitted to the police authorities having jurisdiction in the area, no action was taken to remove the obstructions or to afford protection for smooth conduct of the services. WP(C) No. 22854/11 etc. -3- 3. The contentions raised by the petitioners remain untraversed from the side of the student organizations. Learned Government Pleader, on the basis of instructions received from the police authorities, submitted that there are ordinary services conducted by private operators as well as by the Kerala State Road Transport Corporation (KSRTC) covering the route in question and that the students can make use of such services for commutation at the concessional rates. It is also submitted that as and when intimation was received regarding the obstructions caused by the students, sufficient police personnel were deputed to remove such obstructions. 4. Under the above mentioned circumstances we are of the considered opinion that the respondent 6 and 7 student organizations In WP(C). 22854/11) or any other students studying in the institutions in and around Peerumedu and Kuttikkanam are not entitled to create any physical obstructions to the operation of stage carriage services of the petitioners, nor they have any right to claim WP(C) No. 22854/11 etc. -4- concessional rate of tariff in buses owned by them, as long as they hold fast passenger permits. Needless to say that they are not entitled to take law into their own hands and to create any physical obstructions against the smooth conduct of such services. 5. Therefore these writ petitions are disposed of directing the Station House Officer holding charge of Peerumedu Police Station to take necessary steps to avert obstructions if any caused to the stage carriage operations conducted by the petitioners and to afford protection for the smooth conduct of the services. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-