IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 13029 of 2010(S) ----------------------------------- PETITIONER(S): --------------------- SAJISH.N.C, PRESIDENT PRIVATE BUS PASSENGERS ASSOCIATION, APM COMPLEX PERUMBALASHERRY, P.O. CHERPU - 680 561. BY ADV. SRI.C.A.ANOOP RESPONDENT(S): ---------------------- 1. REGIONAL TRANSPORT OFFICER AYYANTHOLE, THRISSUR. 2. REGIONAL TRANSPORT AUTHORITY, AYYANTHOLE, THRISSUR. 3. THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT, TRIVANDRUM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TRANSPORT DEPARTMENT, TRIVANDRUM. ADDL. 5. ASADEVI, AGED 48 YEARS, W/O.M.S.PREMKUMAR, MANAMEL HOUSE, KONATHUKUNNU, THRISSUR. ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 29.7.2010 IN I.A.NO.9956 OF 2010. ADV. SRI.P.DEEPAK FOR ADDL.R5 SENIOR GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF CERTIFICATE OF REGISTRATION DATED 28.1.2010. EXHIBIT P2: COPY OF INFORMATION RECEIVED FROM THE REGIONAL TRANSPORT OFFICE, DATED 11.3.2010. EXHIBIT P3: COPY OF INFORMATION RECEIVED FROM DISTRICT TRANSPORT OFFICE, DATED 9.3.2010. EXHIBIT P4: COPY OF COMPLAINT FORWARDED TO DISTRICT COLLECTOR, DATED 2.2.2010. RESPONDENTS' EXHIBITS: ANNEXURE R1(a): COPY OF ORDERS/INSTRUCTIONS No.D1/329/STA/2005 DATED 1.2.2005 ISSUED BY THE STATE TRANSPORT AUTHORITY. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 13029 of 2010 ---------------------------------------------- Dated this the 25th day of February, 2011 JUDGMENT J. CHELAMESWAR, C.J The Writ Petition is filed with the prayers as follows: “1. Issue a writ in the nature of mandamus, directing the respondents not to issue temporary permits for the conversion of stage carriages without ensuring the availability of alternate vehicles on the road. 2. Issue a writ in the nature of mandamus, directing the respondents ensuring that there is no vehicle at the disposal of KSRTC come up before the temporary permits are granted to contract carriages. 3. Issue a writ in the nature of Mandamus,to further ensure that no contract carriages are available, come up before the temporary permits are issued to convert the stage carriages into contract carriages.” It is purported to be filed in public interest. The substance of the grievance is that the respondents were indiscriminately granting temporary permits, contract carriage permits in favour of the stage carriage permit holders, which is resulting in a lot of hardship and difficulty for the passengers using these stage carriages. 2. The allegation that such a grant of temporary permits for WP(C).13029/10 2 contract carriages is resulting in inconvenience to the users of the stage carriages is a vague statement. Assuming for the sake of argument that there is such a decision of the respondents, resulting in some inconvenience to the consumers, the fact remains that even contract carriages are being used for transporting human beings. Whether such a practice granting temporary permits for the use of a vehicle as contract carriage which is otherwise running as a stage carriage is a matter for the State and its officials to examine keeping in view the exigencies of the situation. Non-grant of temporary permits may also lead to inconvenience to the prospective users of the contract carriages. Such being the case, there is a conflict of convenience between two sets of passengers. In the absence of any allegation of illegality, the only question becomes the assessment of the needs of the competing groups. Such an assessment is better left to the State and this Court would not ordinarily enter into such areas. We do not see any public interest in the matter. The Writ Petition is, therefore, dismissed. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE vgs