UDYOGAMANDAL C P COUNCIL Vs. STATE OF KERALA

JUDGEMENT

(1.) In exercise of the powers conferred under S.67 of the Motor Vehicles Act, by notification dated 2-11-1990, the Kerala Government enhanced the ordinary bus fare to 14 paise per kilometre. Due to the consequent public agitation, by another notification dated 15-11-1990 it was reduced from 14 paise to 13 paise per kilometre. All these O.Ps except O.P. 11357 of 1990 were filed challenging the enhancement. In O.P. 11357 of 1990 filed by the Kerala State Private Bus Operators 'Federation, the challenge is against the reduction from 14 paise to 13 paise. All these O.Ps were heard together. At the time of arguments, the petitioner in O.P. 11357 limited his request to a direction for consideration of the representation. The other petitioners confined their claim to a direction to appoint an expert committee to go into the question of bus fare.

(2.) The main grievance of the petitioners (by petitioners, I mean petitioners other than the petitioner in O.P. 11357) is that the draft of the proposed directions was not published in the gazette calling for objections and suggestions as enjoined by the proviso to S.67(1) of the Motor Vehicles Act. The proviso says:

(3.) The first contention of the petitioners was that this provision was not complied with. But it has to be noted that the said proviso is applicable only to clauses (ii) and (iii) of sub-s.(1) of S.67. We are concerned only with clause (1) of sub-s.(1) which says that having regard to certain matters the State Government may from time to lime by notification in the Official Gazette issue direction both to the State Transport Authority and Regional Transport Authority regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages. The formalities provided by the proviso are not applicable while discharging this function.