IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 23259 of 2004(R) --------------------------------------- PETITIONER: ------------------- KSRTC, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,EAST FORT,TRIVANDRUM. BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, REP. BY ITS SECRETARY, KOTTAYAM. 2. SRI.SUNNY ABRAHAM,THOTTICHIRAYIL, PRIYADARSINI, VAIKOM. R1 BY GOVT. PLEADER SRI. P.M. MANOJ, R2 BY ADV. SRI.A.INEES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, ALONG WITH W.P.(C). NO.23260/2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23259/2004-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ERNAKULAM – THEKKADY SCHEME DT. 12/10/1966. EXT.P.2: COPY OF THE S.T.A.T. JUDGMENT IN MVAA NO. 578/2003 DT. 29/05/2004. EXT.P.3: COPY OF THE PROCEEDINGS OF THE R.T.A. KOTTAYAM DT. 10/07/2006. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE APPLICATION FOR REGULAR PERMIT FILED BY THE R.2. DTD. 15/05/2002. EXT.R2.B: ROUGH SKETCH OF THE ROUTE APPLIED FOR BY THE R.2. EXT.R2.C: COPY OF THE ORDER OF THE RTA, ERNAKULAM DTD. 20/12/2002 GRANTING CONCURRENCE. EXT.R2.D: COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER'S STAGE CARRIAGE KL-7/W-6278 VALID FROM 16/09/2003 TO 15/01/2004. EXT.R2.E: COPY OF THE KOTTAYAM – ERNAKULAM SCHEME DTD. 24/10/1966. EXT.R2.F: COPY OF THE MEMORANDUM OF M.V.A.A. NO. 578/2003 DTD. 30/05/2003. EXT.R2.G: COPY OF THE ORDER IN M.P. NO. 3287/2003 IN M.V.A.A. NO. 578/2003 DTD. 23/10/2003. EXT.R2.H: COPY OF THE REGULAR PERMIT ISSUED TO KL-5/N-9394 VALID TILL 15/06/2005. EXT.R2.I: COPY OF THE REGULAR PERMIT ISSUED TO KL-5/L-1495 VALID TILL 26/03/2006. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------------------------------------- W.P.(C)Nos.23259, 23260 of 2004, 3200, 3201, 3202, 18506, 33842 of 2005, 26606, 27240, 27467 & 28843 of 2006 ------------------------------------------------------------------- Dated 22nd June, 2010 JUDGMENT The Kerala State Road Transport Corporation, a State Transport Undertaking has filed these writ petitions challenging the orders issued by the State Transport Appellate Tribunal on appeals filed by various private stage carriage operators directing grant/renewal of permits to operate on sectors of nationalized routes. The impugned orders were passed at a time when various schemes framed and issued under section 100 of the Motor Vehicles Act, were in operation. It is brought to my notice that the Government have issued G.O.(P)No.42/2009/Tran. dated 14.7.2009 in supersession of all existing schemes. As per item No.4 of the schedule to the said notification, stage carriage operators who have been granted permits on or before 9.5.2006 are permitted to operate the stage carriages till the permits issued to them expire and are also permitted to apply for regular permits with the rider that as and when the State Transport Undertaking applies for introducing new services in the said routes, corresponding number of existing private stage carriage permits in the said routes, which WP(C).No.23259/2004 & connected cases 2 permits expire first after the filing of applications by the State Transport Undertaking, shall not be renewed. It is also stipulated that as regards permits issued after 9.5.2006 temporary permits alone shall be issued afresh on expiry in the newly notified routes or any portion thereof till such time the State Transport Undertaking replaces with new services. In the light of the notification dated 14.7.2009, issued by the State Government, no relief can be granted to the petitioner in these writ petitions except to observe that as and when the permits issued to the party respondents in these writ petitions expire and they apply for renewal, it will be open to the Kerala State Road Transport Corporation to object to such renewal in the light of the notification dated 14.7.2009. The writ petitions are accordingly disposed of with the above observation. The Regional Transport Authorities concerned shall abide by the notification dated 14.7.2009 as and when the private stage carriage operators operating on sectors of nationalized routes apply for renewal or fresh grant, subject to the orders if any passed by this Court in W.P.(C)No.2204 of 2009 and connected cases wherein the aforesaid notification is under challenge. P.N.RAVINDRAN Judge TKS