IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 10639 of 2007(N) --------------------------------------- PETITIONER: ------------------- 1. PRIVATE BUS OPERATORS ASSOCIATION CC 47/551, CHITTOOR REGION, CHITTOOR TEMPLE ROAD(O.A.SREEKRISHNA BUILDING) KOCHI-682 027. REP. BY ITS SECRETARY, P.K.NANDANAN. 2. ERNAKULAM DISTRICT BUS OPERATORS ORGANIZATION, N.S.S UNION BUILDINGS, NEAR PRIVATE BUS STAND,TRIPUNITHURA, REP. BY GENERAL SECRETARY K.S.RAJAN BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ----------------------- 1. STATE OF KERALA REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION BUILDING, KAKKANAD KOCHI-682 030. 3. SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 4. DIRECTOR, VIGILANCE AND ANTICORRUPTION DEPARTMENT, THIRUVANANTHAPURAM. 5. DEPUTY TRANSPORT COMMISSIONER, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. W.P. © NO.10639/2007 *R6 IS IMPLEADED 6. BUS TRANSPORT ASSOCIATION OF KERALA, DOOR NO.35/1085. 4,5 PALARIVATTOM JUNCTION, KOCHI 682 025, REP.BY ITS PRESIDENT , NAJDDB K.A. *R6 IS IMPLEADED AS PER ORDER DT. 17.6.2008 IN IA. NO.7606/2008 BY ADV. SMT.T.G.SALITHA ADDL. - R. BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10639/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2:- COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3:- COPY OF THE NEWS ITEM APPEARED IN THE MATHRUBHOOMI. EXT.P4:- COPY OF THE NEWS ITEM APPEARD IN THE MALAYALA MANORAMA. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. =============== W.P.(C) NO. 10639 OF 2007 N ==================== Dated this the 17th day of June, 2008 J U D G M E N T The alleged irregularity in the grant of city permits in favour of scheduled castes and scheduled tribes is the grievance raised in this writ petition. 2. Petitioner submits that the permits reserved in favour of the scheduled castes and scheduled tribes are being granted in binami names and that ineligible persons are operating the vehicles. According to him, the matter is already pending with the Vigilance Department and that there is no progress in the enquiry by the 4th respondent. It is complaining of this, the writ petition has been filed. 3. Learned Government Pleader on instructions submits that there are 750 city permits in Ernakulam out of which 70 are reserved for scheduled castes and scheduled tribes. It is stated that out of the 70 permits so granted, prima facie irregularity is found to have been committed in respect of 19 of them. It is stated that when this came to their notice, the authorities have already issued memos to all the aforesaid 19 permit holders calling upon them to furnish details regarding the permit WPC 10639/07 :2 : held by them. It is stated that in some cases, reply has been received and in some reply is awaited. It is stated that on receipt of the replies, the entire matter will be reviewed and that if corrective action is necessary, that will also be taken by the respondents 2 and 3. 4. In so far as the vigilance enquiry mentioned by the petitioner is concerned, it is stated that the 4th respondent has not received any complaint so far and that if and when any complaint is received, the 4th respondent will take appropriate action in this matter. 3. In view of the petitioners positive assertion that the Vigilance Enquiry has already been recommended, I direct that it will be open to the petitioner to appraise the 2nd respondent about this matter and in case the competent authority forwards the case for enquiry as above, the 4th respondent shall take appropriate action in this behalf. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp