B.T.MARTIN Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) All these writ petitions relates to the grant of regular permits to private stage carriage operators during the validity of a Scheme published by the Government under S. 100 of the Motor Vehicles Act, 1988 (herein after referred as 'M.V.Act").

(2.) In W.P.(C) 6280/2008, petitioner challenges Ext.P6 order dated 22.1.2008 in M.V.A.R.P No. 335/2007 of the State Transport Appellate Tribunal, (for short STAT), a revision filed by Kerala State Road Transport Corporation (for short KSRTC) challenging the grant of regular permit to a private operator in a notified route. The issue involved in the case was that the Transport authorities had granted a regular permit dated 9.5.2007 to the private operator in the notified route of Ernakulam - Thrissur. According to KSRTC, there is an overlapping of 7 Kilometers (KM) from Aluva to Athani. It is found by the Tribunal that the grant of permit was in violation of the draft notification dated 9.5.2007 and hence the impugned order was directed to be cancelled. The case was admitted and there was stay of impugned order until further orders.

(3.) W.P.(C)No.5819/2008 is also filed challenging Ext.P9 order of the STAT in M.V.A.R.P No. 527 and 528 of 2007 filed by KSRTC challenging the grant of regular permit to the private operators on the ground that it violates the notified route between North Parur-Aluva (via) Vedimara, Thekkethazham Engineering College, Manakkappady, Parappilly Kavu temple, Millupady, Kottappuram, U.C.College, East Kadungallur and Thottekkattukara. According to KSRTC the route overlaps Aluva-Vadakkumpuram where there is a complete exclusion as per Government order dated 17.10.1965. The STAT formed an opinion that as per Aluva-Vadakkumbhagam scheme is concerned there is a complete exclusion which does not permit overlapping of any portion of the notified route and therefore the grant of permit in the case was illegal and directed it to be cancelled and the impugned permit is recalled. In this case also there was an interim stay operation of the judgment. The period of the regular permit expired on 15.10.2012. Therefore the decision in this case is also academic.