Writ petition challenging State Transport Corporation's operation without permits was dismissed as the apprehensions were misconceived and the corporation shown necessary permits. Filed by bus operator association against RTA and KSRTC in Kerala.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF JULY 2016/17TH ASHADHA, 1938
WP(C).No. 8587 of 2016 (W)
PETITIONER(S):
1. PRIVATE BUS OPERATORS ASSOCIATION (REGISTERED), SULTHAN BATHERY, REPRESENTED BY ITS PRESIDENT, K.M. GEORGE, KATTACHIRA HOUSE, KUPPADI P.O., SULTHAN BATHERY.
2. SAJU. K.P., KURUMOLATH HOUSE, VALLUVADI P.O., SULTHAN BATHERY, WAYANAD.
BY ADVS.SRI.G.PRABHAKARAN,
SRI.JOHNSON MANAYANI.
RESPONDENT(S):
1. THE REGIONAL TRANSPORT AUTHORITY, WAYANAD, REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COLLECTOR, WAYANAD -673 121.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD- 673 121.
3. THE DISTRICT TRANSPORT OFFICER, KSRTC, WAYANAD- 673 121.
4. KENICHIRA BUS PASSENGERS WELFARE ASSOCIATION, ROOM NO.71, INDIRA BHAVAN, KENICHIRA P.O., WAYANAD DISTRICT-673 596, REPRESENTED BY ITS VICE PRESIDENT TOMY DEVASSIA.
*** ADDL. RESPONDENTS 4 ADDED AS PER ORDER DATED 03/06/2016 IN I.A. NO.3451/2016 IN THE WP(C).**
R1 & R2 BY SR. GOVT. PLEADER SMT.K.A. SANJEETHA. R3 BY ADV. SRI.P.C.CHACKO, SC. ADDL. R4 BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI, SRI.JEEVAN MATHEW MANAYANI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 8587 of 2016 (W)
APPENDIX
PETITIONER'S EXHIBITS:-
| P1: | TRUE COPY OF THE PROCEEDINGS GRANTING THE PERMIT WITHITS NO. C1/13781/2015/W DATED 10.04.2015. |
|---|---|
| P2: | TRUE COPY OF THE PROCEEDINGS GRANTING THE PERMIT WITHITS NO. C1/13778/2015/W DATED 10.04.2015. |
| P3: | TRUE COPY OF THE PROCEEDINGS GRANTING THE PERMIT WITHITS NO. C1/13780/2015/W DATED 10.04.2015. |
| P4: | TRUE COPY OF THE PROCEEDINGS GRANTING THE PERMIT WITHITS NO. C1/19863/2015/W DATED 22/05/2015. |
| P5: | TRUE COPY OF THE INTIMATION DATED 12.07.2015. |
| P6: | TRUE COPY OF THE REQUEST FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.02.2016. |
| P7: | TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.02.2016. |
RESPONDENT'S EXHIBITS:-
| ANNEXURE A1 | COPY OF THE REGISTRATION CERTIFICATE ISSUED IN FAVOUR TO THE PETITIONER ASSOCIATION. |
|---|---|
| ANNEXURE A2 | COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENTS 3 TO 5 DATED 06/02/2016. |
| EXT.R3A | COPY OF THE JUDGMENT DATED 21/12/2015 IN WP(C).NO.23354/2015 OF THE HONOURABLE HIGH COURT OF KERALA. |
| EXT.R3B | COPY OF THE FOUR PERMIT ISSUED BY THE 1ST RESPONDENT DATED 01/02/2016 OF KSRTC. |
| EXT.R3C | COPY OF THE PERMIT DATED 04/06/2012 ISSUED BY THE 1ST RESPONDENT TO THE KSRTC ON THE ROUTE MANANTHAVADY-SULTHAN BATHERY. |
| EXT.R3D | COPY OF THE PERMIT DATED 05/06/2013 ISSUED BY THE 1ST RESPONDENT. |
| EXT.R3E | COPY OF THE PERMIT DATED 07/05/2015 ISSUED BY THE 1ST RESPONDENT. |
....2/-
WP(C).No. 8587 of 2016 (W)
| EXT.R3F | COPY OF THE PERMIT DATED 14/01/2016 ISSUED BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, NATIONALISED SECTOR, TRIVANDRUM DATED 14/01/2016. |
|---|---|
| EXT.R3G | COPY OF THE PERMIT DATED 04/02/2016 ISSUED BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, NATIONALISED SECTOR, TO THE KSRTC ON THE ROUTE SULTHAN BATHERY-IRITTY VIA MANNANTHAVADY. |
| EXT.R3H | COPY OF THE PERMIT DATED 18/02/2016 ISSUED BY SECRETARY TO RTA NATIONALISED SECTOR, TRIVANDRUM ON THE ROUTE SULTHAN BATHERY-IRITTY VIS MANANTHAVADY. |
| EXT.R3I | COPY OF THE PERMIT DATED 02/12/2011 ISSUED BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, NATIONALISED SECTOR, TRIVANDRUM ON THE ROUTE SULTHAN BATHERY- MANANTHAVADY-KANNUR. |
| EXT.R4A | COPY OF THE REGISTRATION CERTIFICATE ISSUED IN FAVOUR TO THE ADDITIONAL 4TH RESPONDENT ASSOCIATION. |
| EXT.R4B | COPY OF THE PETITION FILED BY THE ADDITIONAL 4TH RESPONDENT BEFORE RESPONDENTS 3 TO 5 DATED 06/02/2016. |
| EXT.R4C | COPY OF THE INTERIM ORDER IN WP(C).NO.13052/2016 DATED 19/05/2016. |
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
W.P.(C) No.8587 of 2016
Dated this the 08th day of July, 2016
J U D G M E N T
This writ petition is filed by the petitioner, registered
private bus operators association, Sultan Batheri, complaining that the State Transport Corporation is operating vehicles without securing permits from the respective statutory authorities. The third respondent has filed a counter affidavit refuting the allegations and statements made in the writ petition and has also produced permit secured by the third respondent with respect to the operations carried out and complained by the petitioner in this writ petition.
perusal of pleadings and documents on record, I am satisfied that the apprehensions voiced by the petitioner in this writ petition is misconceived and the respondent State Transport Corporation is operating their vehicles with necessary permits
W.P.(C) No.8587 of 2016 2
secured from the respective statutory authorities.
Therefore, this writ petition (civil) is dismissed.
Sd/-
SHAJI P. CHALY, JUDGE.
SKK
1 issue framed by the court
Whether the State Transport Corporation was operating vehicles without securing permits from the statutory authorities.
Private Bus Operators Association (Registered), Sultthan Batheri
The Regional Transport Authority, Wayanad
The Secretary, Regional Transport Authority, Wayanad
The District Transport Officer, KSRTC, Wayanad
Kenichira Bus Passengers Welfare Association
Shaji P. Chaly
As recorded by the court registry
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