BABUDAS N. R. Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) Similar issues arise for consideration in all these writ petitions. The questions of law that arise are also common. Pleadings are complete in W.P.(C) No. 28386/08 and therefore, it is taken as the leading case

(2.) The route traversed by the petitioner touches Vyttila - Tripunithura - Chottanikara - Mulanthuruthy and Peppathypara, The part of the route from Thripunithura-Thiruvankulam falling within the route of Vattapara-Muvattupuzha overlaps Ernakulam-Muvattupuzha trunk road. Ernakulam-Muvattupuzha road, as such, is a notified route within the meaning of Section (100(3)) of the New Act. This route was originally proposed by the Kerala State Road Transport Corporation (for short the Corporation ), as evidenced by Ext.P2 dated 13.9.1960 as contemplated by Section 68(C) of the Motor Vehicles Act, 1939 (for short "the Old Act"). The route, as proposed in this regard and as evidence by Ext.P2, was Ernakulam/Muvattupuzha with the State Transport bus station a Emakulam as starting place and Muvattupuzha as a terminus. The intermediate places as proposed were Thripunithura, Thiruvankulam, Puthencruz and Valagom. The route length is 27.1 km. A maximum of 12 and a minimum of 8 stage carriages were to be operated in the said route.

(3.) The notification of the route or the area, as the case may be, is function of the state Government and as per Ext.P3 approved scheme issued on 28.8.1961, the route or routes finally approved underwent a small change. The notified routes were not only as indicated in Annexure A, but also included all routes connecting as passing through any two or more intermediate points. The relevant portion of Ext.P3 reads as follows: <p>---------------------------------------------------------------------------- Area or route or routes in Routes as indicated in Annexure A relation to which the scheme is and all routes connecting or proposed passing through any two or more intermediate points of such routes. ----------------------------------------------------------------------------