SEBASTIAN V J Vs. STATE OF KERALA

JUDGEMENT

(1.) This batch of Writ Petitions were heard together and on the suggestion of the parties are being disposed of by a common judgment. We may refer to the facts as narrated in O.P.No. 12774 of 1997 as also W.P.(C) No. 19392 of 2003.

(2.) Excepting W.P.(C) No. 19392 of 2003 the rest of the petitions have been filed basically challenging a Circular issued by the State Transport Authority dated 31.5.1997 (hereinafter referred to as Circular No. 3/97). Further Circulars had also come to be issued in the course of further developments. It may be of relevance to note that ultimately on 11.1.1999 the State Transport Authority had decided that since amendments to Kerala Motor Vehicles Rules were on the anvil, it would have been more appropriate that directives need be issued only after the Government completes such proceedings. It was therefore decided that till that time implementation of Circular No. 3/97 and consequential orders are to be kept in abeyance,

(3.) Nevertheless the petitioners in O.P.No. 12774 of 1997 and the connected cases were obliged to pursue on in view of orders that had come to be passed by this Court in certain other proceedings, presented at the instance of the Kerala Commuters' Association claimed as motions brought about in public interest. W.P.(C).No. 19392 of 2003 has been filed by the Kerala Commuters' Association for enforcement of Circular No. 3/97 and for a direction to set aside the decision of the State Transport Authority dated 11.1.1999, referred to earlier, whereby earlier Circulars were to be kept in abeyance.