Kerala High Court
C.K.Harikrishnan vs State Of Kerala on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.26687 OF 2015(S)
PETITIONER/S:
C.K.HARIKRISHNAN
GENERAL SECRETARY, KERALA STATE ROAD TRANSPORT
EMPLOYEES ASSOCIATION (CITU),H.O.MANJALIKULAM ROAD,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.T.P.PRADEEP
SRI.P.K.SATHEESH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SECRETARY TO THE GOVERNMENT
TRANSPORT (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM - 695 001.
4 ADDL.R4 TO R7 IMPLEADED:
R.MOHANKUMAR
23/100, VINAYAKA HOUSE, S.K.V COLLEGE ROAD, KANATTUKARA
PO., THRISSUR.
5 P.RAVICHANDRAN
S/O.PALANI SWAMY, 7 B, CORONET APARTMENT,
KANNAMKULANGARA, KURUKKANCHERRY PO., THRISSUR.
W.P.(C) No. 26687/2015 : 2:
6 KERALA STATE LIMITED STOP STAGE CARRIAGE OPERATORS
ASSOCIATION, KOZHIKODE REPRESENTED BY THE TREASURER
R.MOHANKUMAR.
7 RAHUL TOM
KONDODICKAL HOUSE, VADAVATHOOR PO., KOTTAYAM.
(ADDL.R4 TO R7 ARE IMPLEADED AS ADDITIONAL RESPONDENTS
VIDE ORDER DATED 23/09/2015 IN I.A 13666/2015)
R1, R4 BY ADV. SRI.K.V.GOPINATHAN NAIR
R1-2 BY GOVERNMENT PLEADER
R1, R3 BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD
TRANSPORT CORPN.
R1 BY ADV. SRI.JOHN MATHEW, SC, KERALA STATE ROAD TRANSPORT
CORPORATION
SRI. TEK CHAND SR. GOVERNMENT PLEADER
R3 BY SRI P.C.CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-02-2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 26687/2015 : 3:
Dated this the 23rd day of February, 2021.
JUDGMENT
S. MANIKUMAR,CJ.
Petitioner has filed this writ petition as a Public Interest Litigation
challenging Ext. P10 order issued by the Secretary to Government,
Transport (A) Department, Government Secretariat,
Thiruvananthapuram, the second respondent, and sought for the
following reliefs:
1. Issue a writ of certiorari or other appropriate writ, direction or
order calling for records relating to Ext. P10 order and quash the
same.
2. Issue a writ of mandamus or any other appropriate writ, order or
direction commanding respondents 1 and 2 to see the Regional
Transport Authorities are issuing permits in accordance with Exts.
P2 and P3 notifications.
3. Declare that Ext. P10 is contrary to the provisions of Section 99 of
the Motor Vehicles Act and unsustainable with respect to Exts. P2
and P3 notifications.
2. Today, when this mater came up for hearing, learned Standing
Counsel for the Kerala State Road Transport Commission, handed over a
copy of G.O.(Ms.) No. 22/2020/TRANS dated 01.07.2020 and submitted
that as per the said Government Order, the Government have withdrawn
Ext. P10 order, which reads thus:
GOVERNMENT OF KERALA
Abstract
Transport Department - Scheme notified as SRO No. 608/2009 and SRO
No.555/2013 - Issue and renewal of permits to the Private Stage Carriage
Operators - Orders issued.
-------------------------------------------------------------------------------------------------------------
TRANSPORT (B) DEPARTMENT
G.O.(MS)No.45/2015/Tran Dated, Thiruvananthapuram, 20/08/2015.
------------------------------------------------------------------------------------------------
ORDER
As per G.O.(P)No.73/2013/Tran dated 16/07/2013 issued under SRO
No.555/2013 Government approved a scheme specifying that fact passenger
services, Super Fast Services, Super Express Services, Super Deluxe Services
and Luxury Services should be run and operated by the STU, by invoking the
powers conferred by sub-section (2) and (3) of section 100 of the Motor Vehicle
Act, 1988. Similarly invoking the above powers Government approved a scheme
as per GO(P) 42/09/Trans dated 14/07/2009 and issued as SRO No.608/2009
stipulating that the passenger road transport service through 31 routes in the State
should be operated by the State Transport Undertaking. Challenging the above
scheme, a number of WP(C)s were filed before the Hon'ble Apex Court. Affected
parties also filed SLPs before the Hon'ble Apex Court. In respect of the scheme
notified under SRO No.608/2009, eventhough the Hon'ble High Court stayed the
operation of clause 4 of the scheme the Hon'ble Court upheld the scheme in the
judgment dated 10/04/2015 in WP(C)No.14793/2006, WP(C)No.20520/2009 and
connected cases by dismissing the WP(C)s. Likewise the Hon'ble High Court
upheld the scheme notified under SRO No.555/2013 in WP(C)No.18959/2013
and connected cases.
The WA filed against the said judgment is pending before the Hon'ble High
Court.
By virtue of the above schemes and in accordance with the conditions stipulated
in the respective scheme KSRTC applied for permits which were being operated
by the private operators. Consequent on the take over of these permits by the
KSRTC so many private stage carriages became off road and a crisis emanated in
the stage carriage operation sector. This emerged as a vital issue against the
survival of the workers employed in their buses as well as the owners who had
made huge investment and were subjected to heavy liabilities in various banks
and other financial institutions for the procurement and operation of the buses.
The rejection of permits to the above category of stage carriages and the
withdrawal of such buses operated by the private stage carriage operators also
caused impediments to the travel facilities of the public at large. Representations
have also been received in Government from various quarters urging significant
action to solve this complex issue.
Having regard to the above situation and the impending deadlock in the
stage carriage operation sector due to the total withdrawal of the private stage
carriages from the notified routes and areas Government have examined the
matter in its entirety and find it expedient to introduce certain measures as a
policy decision of the Government. Accordingly the following orders are issued:
1. The Scheme notified as per SRO No.555/2013 shall remain as such without
any modification.
2. The Regional Transport Authorities will issue Ordinary Limited Stop Service
permits to those private stage carriages which had been operated as higher class
service such as Fast Passenger, Super Fast services etc. and the permits of which
were subsequently rejected by the Regional Transport Authorities as a result of
coming into the effect of the scheme notified as SRO No.555/2013. The Regional
Transport Authorities will also issue ordinary limited stop service permits to
those stage carriages the permits of which are liable to be rejected by the
Regional Transport Authorities consequent on the coming into being of the
scheme notified as SRO No.555/2013.
3. Students will be eligible for concession journey in all the ordinary limited stop
services also subject to the other conditions stipulated for granting the concession
journey.
4. In all the stage carriages GPS will be introduced to ensure that they are
operated strictly in accordance with the permit conditions. The Motor Vehicles
Department will take immediate action to implement the scheme.
5. The STA will issue appropriate orders on the age of the buses for being
operated as ordinary limited stop services.
6. Appropriate timing will be granted by the RTAs for the operation of the
ordinary limited stop services within a period of 15 days and upto the above
period of 15 days the existing timings will be in force.
7. The Regional Transport Authorities will issue Ordinary Limited Stop Service
permits to all the existing higher class services operated by the private operators
in the routes covered under SRO No.608/09. But those permits which are being
operated as ordinary service and ordinary limited stop service shall be allowed to
continue as such in the above routes.
8. Notwithstanding anything contained in clause 4 of SRO No.608/2009 or rule
2(oa) of the Kerala Motor Vehicles Rules 1989, the Regional Transport
Authorities will issue ordinary limited stop service permits to those private
operators whose permits were rejected by the Regional Transport Authorities
consequent to the scheme notified as per SRO No.555/2013.
9. The Transport Commissioner and the Chairman & Managing Director, KSRTC
will forward necessary proposal for amending clause 4 of SRO No.608/2009 as
well as the KMV Rules 1989 within two weeks.
These orders will be subject to the final decision in the cases pending before the
Hon'ble Supreme Court and Hon'ble High Court.
By Order of the Governor,
Dr.V.M.GOPALA MENON,
Secretary to Government."
Government Order dated 01.07.2020 reads thus:
GOVERNMENT OF KERALA
Abstract
Transport Department-Issue and renewal of permits to the Private stage carriage
operators-- G.O(MS)No. 45/2015/Tran dated 20.08 2015 Cancelled-Orders
issued
-------------------------------------------------------------------------------------------------
DEPARTMENT
G.O (Ms) No.22/2020/TRANS Dated, Thiruvananthupuran, 01/07/2020
-------------------------------------------------------------------------------------------------
Read G.O(MS)No. 45/2015/Tran dated 20.08.2015
ORDER
As per G.O (P) No. 7/2013/Tran dated 16.07.2013 published as SRO No.
555/2013, Government of Kerala have issued a scheme for the operation of
Super Cass services exclusively for Kerala State Road Transport Corporation
under Section 100 (2) of Motor Vehickes Act 1988. As per the Scheme Fast
Passenger, Super Fast Servces, Super Deluxe Services and other Super Class
services to be run and operated in the State of Kerala exclusively by the Kerala
State Road Transport Corporation. As per Clause 3 of the Notification, permit
issued in the private sector on or before the date of notification shall be allowed
to continue till the date of expiry of the respective permits, there after no permit
shall be renewed or no regular temporary permit shall be issued. The above
scheme was challenged by the private operators before the Hon'ble High Court of
Kerala and the Writ Petitions were dismissed in Kerala State Limited Stop/Stage
Carriage Operators Association Vs. Government of Kerala [2014 (2) KL 135]
against which private operators filed Wrt Appeal 661/2014 and connected case
before the Hon'ble High Court and stay was not granted. The Kerala State Road
Transport Corporation had started about 240 number of services in the place of
private operators which was being operated as Superclass service, consequent of
the takeover of these permits so many private stage carriage permits were
rejected by the Transport Authorities on the basis of Cause (4) of the SRO No.
608/2009 and Rule 2 (oa) of the Kerala Motor Vehicle Rule 1989. In the above
circumstances, private operators approached the Government, and the
Government of Kerala issued G O (MS) No. 45/2015/Tran. dated 20.08.2015 by
which it was directed to issue Ordinary Limited Stop services to those private
stage carriage operators who were operating Fast Passenger and other Super
Class Services. The above said Government Order was only a temporary
measure, and as per the order itself Transport Commissioner and Managing
Director, Kerala State Road Transport Corporation were required to forward
necessary proposal for amending the scheme and Kerala Motor vehicles Rules.
Subsequently the Kerala Motor Vehicles Rules was amended. Rue 2(oa) was
incorporated giving definition to Ordinary Limited Stop service with a
prescription of maximum 140 K.M.
G.O (P) No. 45/2015/ Tran dated 20.08.2015 was issued subject to the
final decision of the cases pending before the Hon'ble High Court at that time
Subsequently, such cases were dismissed by the Hon' ble High Court in Mohan
Kumar Vs Government of Kerala and another, reported in 20l6 (2) KLT 963.
Therefore, the private operators have no right to continue to operate on the routes
having route length above 140 KMs.
Government have examined the matter in detail. Right of STU and private
operators have to be governed by the Scheme which s prevailing and operating at
any point of time. G.O (P) No. 45/2015/Tran dated 20.08.2015 is not in
consonance with statutory provisions of Motor Vehicles Act 1988, read with
Clause (d) of Rule 246 of Kerala Motor Vehicles Rules, 1989. The above G.O
cannot prevail over or co-exist with statutory scheme and Rule.
In the circumstances, Government consider it appropriate to withdraw G.O
(P) No. 45/2015/Tran dated 20.08.2015 read above and it is hereby withdrawn
with immediate effect.
(By order of the Governor)
K.R. JYOTHILAL,
PRINCIPAL SECRETARY,
In view of the above position, writ petition has become infructuous.
Accordingly, this writ petition is dismissed as infructuous.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
