IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 28592 of 2008(D) -------------------------- PETITIONER(S): --------------- N.S.SUDARSANAN NAIR, NEDIYAPLACKAL ELACKAD, VAYALAKARA, VAYALA -686587 PALAI. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM, REPRESENTED BY THE MANAGING DIRECTOR. 2. THE DISTRICT TRANSPORT OFFICER, PALAI, KOTTAYAM. 3. THE ASSISTANT TRANSPORT OFFICER, PALAI. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28592/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT KSRTC operates a service from Pala to Ernakulam in the morning at 6.45 a.m via Kidangoor, Kodallor Market etc. The said service was introduced about four years ago and according to the petitioner, he, like several others, is depending on the above service to various places like Kodallor market, Service Co-operative Bank, State Bank etc. It caters to the needs of the general public. It seems that there are two other services operated by private operators. There is no direct service to Ernakulam. Permit was issued in favour of the private operators. Corporation, acceding to the request of certain other persons, decided to operate service from Moolepedika via Payasapady which entails a deviation for a distance of 5 Kms. By reason of this deviation, the operation on the route from Moolepedika via Koodallur Market was curtailed. This was challenged by the petitioner in Writ Petition No.24475/2008 and the same was W.P.(C).28592/2008 2 disposed of under Ext.P2 judgment requiring the Assistant Transport Officer, Pala, the third respondent therein, to take a decision on the representation. 2. Thereafter, second respondent, the District Transport Officer, by Ext.P3, passed an order informing that the deviation was effected acceding to the request of the MLA made to the Executive Director. Petitioner submits that it is this deviation, which has been effected and challenged in this writ petition. 3. A statement has been filed by KSRTC. Paragraph 3 of the same reads as follows. “Later, a representation was submitted by the Local Residents of Payasappady explaining the difficulties faced by them in connection with the deviated route and subsequently as a result of this representation, the bus started to conduct its service through Payasappady on request of the MLA of Pala. W.P.(C).28592/2008 3 4. It is clear that apart from the fact that the deviation as such has not been permitted by the RTA, deviation of the service results in loss to the public. In such circumstances, I do not find any justification for the KSRTC to nevertheless operate on the deviated route, which has neither the sanction of law nor the support of any public interest. 5. In the result, writ petition is disposed of directing the respondents to operate the service from Pala to Ernakulam commencing service at 6.45 a.m via Kidangoor, Kodallor Market etc, in the route that has been permitted by the Regional Transport Authority. This shall be done without further delay and at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs