STATE OF KERALA Vs. M S PALAKSHA

JUDGEMENT

(1.) Sri. M.S. Palaksha was holding an interstate permit to operate his stage carriage on the route Mysore - Mananthawady. He was operating one round trip from Mysore to Mananthawady and back. He filed an application for variation of the condition of the permit before the State Transport Authority, Karnataka, by allowing him to operate two more single trips between Mysore and Mananthawady and also for increasing the number of vehicle. The State Transport Authority granted variation subject to the condition that the varied service shall be operated on single point tax basis under interstate agreement and subject to counter signature of the State Transport Authority, Kerala. The State Transport Authority, Kerala, rejected the application for counter signature holding that the grant of variation by including one more vehicle under the same permit was illegal and not authorised by law. The 2nd respondent challenged the above order before the S.T.A.T., Ernakulam, in MVAA 943/2000. The S.T.A.T. allowed the appeal and directed the S.T.A. to grant counter signature. Aggrieved by the above order, the State has come up before this Court challenging the above order of the S.T.A.T. in MVAA 943/2000 by filing O.P. 33875/01.

(2.) O.P. 35367/01 was filed by Sri. M.S. Palaksha (1st respondent in O.P. 33875/01) for directing the State Transport Authority, Trivandrum, and the Secretary, S.T.A.T. to implement the order of the STAT and to make endorsement of counter signature for two additional trips as have been granted, on the permit and also for directing the 2nd respondent to pay cost of Rs. 25,000/-.

(3.) O.P. 36188/01 was filed by K.S.R.T.C. challenging the above order of the S.T.A.T. in MVAA 943/2000 granting counter signature as prayed for by M.S. Palaksha. Identical grounds as raised by the State in O.P. 33875/01 had been raised by the K.S.R.T.C. also. It was further alleged that as per the interstate agreement executed between the State of Karnataka and the State of Kerala, services on the above route are earmarked for joint operation of the services of the State Transport Undertakings of both States and as such no permit can be issued to a private operator to operate any stage carriage on the above route.