PREMLAL Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THESE three Writ Petitions have been put up for hearing before us on a reference made by a learned Single Judge. Since common questions of law and fact arise in these cases, they can be conveniently disposed of together. For the sake of convenience, facts are being taken from W. P. (C)No. 5929 of 2004.

(2.) PETITIONERS are stage carriage operators carrying on their business of running stage carriages on different routes on the strength of permits granted to them by the Regional Transport Authority, Alappuzha. Petitioner No. 1 applied for a regular stage carriage permit on Cherthala-Aroor temple route and made an application to the Regional Transport Authority, alappuzha. The Regional Transport Authority considered the application in its meeting held on 9th October, 2003 and as per item No. 15 of its agenda, the application of the first petitioner was taken up for consideration and the same was granted subject to settlement of timings. Similarly, petitioner No. 2 applied for a regular stage carriage permit on Chalipally-Chellanam route to the same Authority. His application was taken up for consideration by the regional Transport Authority on 27th February, 2003 and the same was rejected. A communication was sent to this petitioner on 3rd April, 200

(3.) FROM the rival contentions raised by the learned counsel for the parties, the short question that arises for consideration is -whether a stage carriage permit could be granted before the route formulation is completed by the State Government in exercise of its powers under Cl. (ca) of s. 68 (3) of the Act?