P K VIJYAN Vs. GOVER OF KERALA

JUDGEMENT

(1.) THESE writ petitions are filed praying for quashing the notification dated 6-5-2008 and for directing to consider and pass orders on the application for renewal of permit submitted by the petitioners, untrammelled by the aforesaid notification. In this judgment, facts as pleaded in W. P. (C) No. 15194 and 17813 of 2008 alone are referred and the exhibits referred to are in the order in which they are marked in W. P. (C)No. 15194/2008.

(2.) PETITIONER in W. P. (C) 15194/08 is the registered owner of stage carriage kl-5q 4050, operating on the long distance inter-district route Kottayam-Banthadukka. Ext. P-1 permit was originally granted to one Shaji Kuruvilla and was valid for the period from 12-9-1996 to 11-9-2001 and was subsequently renewed for a further period of 5 years upto 11-9-2006. In the meanwhile, with effect from 16-4-1998 the permit was transferred to the petitioner. Petitioner sought renewal of the permit for a further period of 5 years by submitting his application as early as on 10-6-2005. Since orders renewing the permit have not been passed, petitioner was operating his service on the strength of temporary permits issued under Section 87 (1) (d) of the Motor Vehicles Act, 1988, the last of which is ext. P-2, valid till 31 -5-2008. As the period of Ext. P-2 was expiring, petitioner submitted Ext. P-3 application for temporary permit, but however, the 4th respondent is refusing to consider Ext. P-3 since the petitioner had not submitted a No Objection Certificate from the 2nd respondent, K. S. R. T. C. It is stated that according to the 4th respondent, in view of the finalised scheme published vide ext. P-5 notification dated 6-5-2008 issued under Section 100 (3) of the Motor vehicles Act, 1988 (hereinafter referred to as the Act, for short) renewal of permit, either regular or temporary, can be granted only on obtaining an NOC from the ksrtc, the State Transport Undertaking.

(3.) THE contentions urged is that the 1 st respondent, exercising its power under Section 99 of the Act read with Rule 236 of the Kerala Motor Vehicles rules (hereinafter referred to as the Rules, for short) had published Ext. P-4, a proposal on 9-5-2007 relating to 31 routes in the State in supersession of the existing notification in relation to those enumerated routes. Clauses 4,5 and 19 of the schedule to Ext. P-4 being relevant, are extracted below for reference: