Kerala High Court
Kerala State Road Transport ... vs T.Hyderali on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS.JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 12th day of April,2023/22nd Chaithra,1945
WA NO.843 OF 2022
(AGAINST THE JUDGMENT DATED 12.01.2022 IN WP(C) 8702/2021 OF THIS COURT)
APPELLANT/3RD RESPONDENT:
KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY DISTRICT
TRANSPORT OFFICER,NATIONAL HIGHWAY-66, EDODI ROAD,EDODY,VATAKARA-673
101.
BY STANDING COUNSEL ADV.SRI.P.C.CHACKO AND SRI.RENJITH
THAMPAN(SENIOR ADVOCATE)
RESPONDENTS/PETITIONER & 1,2 RESPONDENTS:
1. T.HYDERALI,AGED 55 YEARS, S/O.IBRAHIM, THARAVATTATH HOUSE,
NARIPATTA, KALLACHI, KOZHIKODE- 673 506.
2. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA, REPRESENTED BY ITS
SECRETARY, MINI CIVIL STATION, BADAGARA, VATAKARA- 673 104.
3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, MINI CIVIL
STATION, BADAGARA, VATAKARA 673 104.
ADDL.R4: N.N.SHUHAIB, S/O HAMZA, AGED 48 YEARS, NADUVILAKANDY,
VELIYANBRA, CHAVASSERY,KANNUR-670702.
ADDL.R5: E.A.GEORGE,AGED 48,ELAVAKUDIUIL HOUSE, MATHURAPALLY,
KOTHAMANGALAM- 686666.
ADDL.R6: SUNIL KUMAR,S/O MADHAVAN NAIR,52
YEARS,PUTHENVEEDU,CHERPLASSERI P.O.,OTTAPALAM,PIN-679101.
ADDL.R7: YOUNUS ALI,S/O YOUSAF HAJI, AGED 36 YERAS, VATTATHODI
HOUSE, ALANELLUR P.O.,MANNARKKAD -678582.
ADDL.R8: VIJAYAPPAN NAIR(AGED 64 YEARS),S/O AYYAPPAN NAIR, ANUGRAHA
MANTHANATHU,CHERAKKADAVU P.O.,PONKUNNAM, KOTTAYAM -686506.
ADDL.R9: MOHAMMED RAFI, S/O SLAIMAN, AGED 34 YEARS, KOTTAKUZHIKKAL
HOUSE,KIZHAKKUMPURAM,MANNUR P.O, PALAKKAD - 678642.
(ADDL.RESPONDENTS 4 TO 9 WERE IMPLEADED AS PER ORDER DATED 12-4-2023 IN
I.A.NO.1/2023 IN W.A.NO.843/2022.)
SENIOR GOVERNMENT PLEADER FOR RESPONDENTS 2 & 3
ADV.SRI.K.V.GOPINATHAN NAIR FOR ADDL.RESPONDENTS 4 TO 9.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying all further proceedings in pursuance of the
judgment dated 12.01.2022 in WP(C)No.8702 of 2021 pending final disposal
of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 12/04/2023, upon perusing the appeal memorandum and this court's
order dated 07/07/2022, the Court on the same day passed the following:
P.T.O.
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
-----------------------------------------
W.A.Nos. 780/2022, 772/2022, 773/2022,
774/2022, 775/2022, 779/2022, 830/2022,
831/2022, 832/2022, 833/2022, 834/2022,
835/2022, 836/2022, 837/2022, 838/2022,
839/2022, 840/2022, 841/2022, 842/2022,
843/2022, 844/2022, 846/2022, 865/2022,
887/2022, 1155/2022, 1156/2022 & 931/2020
-----------------------------------------
Dated this the 12th day of April, 2023
O R D E R
A.Muhamed Mustaque, J.
These matters were heard on 10/4/2023 for
passing interim orders.
2. KSRTC is the appellant. The writ petitions
were filed by private stage carriage operators
challenging G.O.(M.S)No.22/2020/Tran, dated
01/07/2020, withdrawing an earlier Government Order
bearing No. 45/2015/Trans, dated 20/8/2015.
According to the writ petitioners, they are holders
of saved permits and they are entitled to operate
at least until such time as a valid Scheme of
Nationalisation or a modification of the earlier
Scheme, is brought in under the provisions of the
Motor Vehicles Act. They relied on the judgment of
W.A.Nos. 780/2022 and conn.cases
this Court in KSRTC and others vs. Saju Varkey
[2018(4) KLJ 145]. The learned Single Judge
disposed of the writ petitions holding that these
operators are entitled to operate de hors the
Government Orders dated 20/8/2015 and 1/7/2020.
Aggrieved by the said judgment, KSRTC approached
this Court with these appeals. Pending writ
appeals, some of the operators, operating on the
route in question, have also come up with
interlocutory applications to renew temporary
permits for a certain period which is opposed by
KSRTC.
3. The learned Senior Counsel appearing for
KSRTC Shri Renjith Thampan argued in detail and
submitted that in the light of the amended Kerala
Motor Vehicles Rules, 1989, these operators are
not entitled to renewal of permits.
4. The definition of the Ordinary Limited Stop
Services of the amended rules reads as follows:
W.A.Nos. 780/2022 and conn.cases
(oa) "Ordinary Limited Stop Service" means a service, which is
operated on a route having a distance of not exceeding 140
Kilometres with limited number of stops, having atleast one stop
in every fare stage."
5. The point to be considered in these
appeals is whether these operators are entitled to
hold the permits as saved permits in the light of
judgment in Saju Varkey's case (supra). It is to be
noted that the learned Single Judge, pending writ
petitions, also allowed these operators to operate
and ordered to maintain temporary permits of such
operators. Now they also have an advantage of the
judgment of the learned Single Judge. Some of the
respondent-operators filed interlocutory
applications against the stay granted by this
Court while admitting the appeals.
6. Having considered the facts and
circumstances, we are of the view that the status
quo as on the disposal of the writ petitions will
have to be maintained with regard to the renewal
of the permits. Merely because the appeals are
W.A.Nos. 780/2022 and conn.cases
preferred, status quo as on the date of disposal
of the writ petitions cannot be altered to the
peril of the operators based on the stay granted
by this Court.
7. We are, therefore, of the view that those
operators, who have valid permits as on the date
of the disposal of the writ petitions shall
continue to enjoy the temporary permits till
further orders are passed in these matters. The
applications for renewal, if any, shall be
considered accordingly. Thus, we modify the
earlier orders of stay granted in these matters,
as above.
List these cases for hearing on 23/5/2023.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ms
12-04-2023 /True Copy/ Assistant Registrar
