PROPER CHANNEL Vs. MANAGING DIRECTOR, KSRTC BHAVAN

JUDGEMENT

(1.) This writ petition is filed in the form of a public interest litigation calling upon the State of Kerala to compensate Kerala State Road Transport Corporation (KSRTC) to the extent of Rs.8,21,41,445/-. The amount quantified is the loss of revenue for KSRTC for four days on which 'Hartals' were called for by certain political parties. Another relief sought for is to take appropriate action on Ext. P4 representation submitted by the petitioner to KSRTC.

(2.) The petitioners have taken up this case for KSRTC alleging that the State Government did not take appropriate action for assessment and payment of compensation to KSRTC as they were unable to operate the Road transport services in the State of Kerala during the dates when the aforesaid 'hartals' were called for. Petitioners rely upon Exts. P1 an information received from the Public Information Officer of KSRTC indicating the revenue loss during the aforesaid period.

(3.) According to the petitioner, there is failure on the part of the State machinery to provide police protection for the smooth functioning of KSRTC service in the State and failure to do so makes the Government liable to pay compensation to KSRTC. It is further contended that KSRTC is duty bound to initiate appropriate legal action against the wrong doers, that is the persons who had called for 'hartals' which virtually had paralysed the State. Since loss to KSRTC is loss to the public at large, this writ petition is filed seeking the reliefs, as prayed for. It is also contended that KSRTC did not operate the services as per the advice given by the police officials and therefore State is liable to compensate KSRTC in that regard.