IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 28176 of 2011(V) ------------------------------------- PETITIONERS : - ------------------------ 1. THE KERALA STATE PRIVATE BUS OPERTORS FEDERATION, (REG.NO.609/1993), REPRESENTED BY ITS GENERAL SECRETARY, SRI. LAWRENCE BABU, CAMP OFFICE, BEACH ROAD, KOLLAM-01. 2. SRI LAWRENCE BABU, AGED 59 YEARS, S/O.LAWRENCE, SIJO DALE, MANGAD P.O., KOLLAM-15. BY ADV. SRI.P.DEEPAK RESPONDENTS : - --------------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, THIRUVANANTHAPURAM - 695 001. BY SR. SPL. GOVT. PLEADER SRI. VIJU ABRAHAM ADVOCATE GENERAL SRI. K.P. DANDAPANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, ALONG WITH WPC NO. 28290 OF 2011 AND WPC NO. 29796 OF 2011. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DMR/- P.N.RAVINDRAN, J. -------------------------------------------------------------------- WP (C) Nos. 28176, 28290 & 29796 of 2011 --------------------------------------------------------------------- Dated this the 6th day of December, 2011 JUDGMENT In these writ petitions associations representing Private Stage Carriage Operators challenge Ext.P1 letter sent by the Transport Commissioner to his subordinates wherein he clarified students can avail traveling concession facility on holidays also. The main ground of challenge is that an order granting traveling concession is a piece of subordinate legislation, that the Government alone have the authority to grant traveling concessions and therefore Ext.P1 letter is liable to be quashed. When these writ petitions came up before me for hearing today, Sri.Viju Abraham, learned Senior Government Pleader appearing for the respondents submitted that the Government have by G.O.(P) No.63/2011/Trans. dated 28th November, 2011 amended the notification dated 6.3.2010 and directed that travel concessions shall be available during the entire period of the course including holidays. Such being the situation the issue raised in these writ petitions has become academic. The writ WP (C) Nos. 28176, 28290 & 29796 of 2011 -2- petitions are accordingly closed as infructuous leaving open the contentions raised by the petitioners. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.