P K POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) WA No. 1972 of 1996 is filed by the first respondent against the judgment in OP No. 731 of 1993. WA Nos. 1974/96, 1976/96 and 246/97 are filed by the respondents against the judgment in OP No. 1780 of 1993. The above two original petitions, 731/93 and 1780/93 were disposed of along with other connected OPs. by a common judgment.

(2.) Both the original petitions spring from the order of the RTA Idukki. The appellants are the existing operators. They have obtained permits to operate their services as ordinary services. The permit describes the number of stops, the time taken for covering the route etc. The proceedings before the RTA, Idukki arose when the appellants applied for converting their permits from ordinary service to Fast Passenger service. That amounts to variations of the conditions in the permit.

(3.) The RTA refused to accede to the request of the appellants to convert their service into Fast Passenger service. According to the RTA, it was after taking into consideration the public interest that permit was granted to operate the service as ordinary service. If the permits are converted into Fast Passenger service, the number of stops will be reduced and the minimum charge will be enhanced. Thus, the conversion will ultimately be against the interest of short distance passengers as well as students. The operators took up the matter in appeal before the STAT. The Appellate Tribunal took note of the fact that the RTA is granting fresh permits to run the service as Fast Passenger services. Further, according to the STAT, the routes covered by the appellants are long routes and it will be tedious for the long distance passengers if the bus stops at a number of stoppages and it will be is over crowded. Thus it directed the RTA to convert the service as Fast Passenger service. The State Government challenged the matter before the learned single Judge. The learned single Judge, after considering the various aspects, allowed the original petitions and held that the conversion of the service as Fast Passenger service will be against public interest. It is against the above judgment, the present appeals are filed.