Ksrtc, Rep. By Md vs Rta, Kottayam
2023 Latest Caselaw 955 Ker

           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 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       OP NO. 10107 OF 2003
PETITIONER/S:

           KSRTC, REP. BY MANAGING DIRECTOR,
           TRANSPORT BHAVAN, EAST FORT, TRIVANDRUM
           BY ADV SRI.T.RAVIKUMAR. SC. KSRTC


RESPONDENT/S:

    1      THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM,
           REPRESENTED BY ITS SECRETARY.
    2      MR. A.J. JOHN, ALUNKAL HOUSE, ANIKAD EAST,
           KOTTAYAM.
    3      MR. T. J. ABRAHAM, THENIPLACKAL HOUSE, ANICAD
           EAST P.O., KOTTAYAM
           BY ADVS.
           SRI.P.DEEPAK


     THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON
17.01.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O. P. No. 10107 of 2003
                                       -2-




                               JUDGMENT

S. Manikumar, C. J.

Prayers sought for in the original petition are as follows:-

"i. to issue a writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P2 and P3 and quash the same;

ii. to stay the operation of Ext. P3, pending disposal of the original petition."

2. Exts. P2 and P3 challenged in the original petition are

common order of the State Transport Appellate Tribunal, Ernakulam in

MVARP Nos. 199 and 200 of 2002 dated 03.07.2002 and proceedings

dated 07.02.2003 of the RTA, Kottayam, respectively.

3. In an identical matter between Rahul Tom v. Kerala State

Transport Employees Association and others, the Hon'ble Supreme

Court in Civil Appeal Nos. 4994 of 2002 and connected cases, on

07.10.2009, has passed the following order:-

"These appeals/special leave petitions have been filed by Stage Carriage Operators aggrieved by the judgment of the O. P. No. 10107 of 2003

Division Bench of the Kerala High Court, affirming the judgment of the learned single Judge quashing the proceedings relating to grant of permits on the ground that once a scheme was notified in a particular route, all other operators stood excluded. The Division Bench also declared all regular permits granted to operators after the implementation of the Scheme on 12/10/1996 were illegal.

2. During the pendency of these appeals, on 4/10/2005, this Court directed Kerala State Road Transport Corporation and the appellants (who are private operators) to give their suggestions to the State Government as to how workable arrangements could be finalised to prevent inconvenience to the travelling public.

3. The Government of Kerala has issued a gazette notification dated 14/7/2009, in exercise of power under Section 100(2) of the Motor Vehicles Act 1988 approving the proposal regarding the Scheme relating to passenger road transport service to be operated by the State Transport Undertaking as per the Schedule to the notification. We are informed that the private operators have challenged the said notification dated 14/7/2009 on various grounds and the writ petition challenging the said Scheme are pending before the Kerala High Court.

4. In view of the subsequent developments, learned counsel for both parties submitted that these appeals have become infructuous and that they may be disposed of reserving liberty to the appellants to urge all contentions raised in these O. P. No. 10107 of 2003

appeals as also other contentions that may be open to them in law, before the High Court in the writ petitions challenging the Scheme dated 14.7.2009.

5. Reserving such liberty, these appeals/special leave petitions are dismissed as having become infructuous."

In the light of the above, instant original petition is disposed of.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE O. P. No. 10107 of 2003

APPENDIX OF OP 10107 OF 2003

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 06.05.2002.

EXHIBIT P2 TRUE COPY OF THE STAT JUDGMENT IN MVARP NO. 199 & 200/2002 EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 07.02.2003.