KSRTC Vs. M S B PALACE MOTORS

JUDGEMENT

(1.) The K.S.R.T.C. has approached this Court with this Writ Petition challenging Ext. P3 judgment of the S.T.A.T. The first respondent applied for a temporary permit in place of a route reserved for K.S.R.T.C. The Regional Transport Authority did not grant such permit. Thereupon, the first respondent filed an appeal. That appeal is allowed by Ext. P3. It is in the above circumstance, the K.S.R.T.C. has approached this Court with this Writ Petition.

(2.) As per the notification issued under S.71(3) of the Motor Vehicles Act, the total permits that can be issued within Trivandrum city is 510. Out of that, 100 permits are reserved for private operators and 410 to the Corporation. The 1st respondent does not have a case that such 100 reserved permits are not issued to private operators. On the other hand, the specific case of the first respondent was that he was applying for a temporary permit in place of the permit reserved for the K.S.R.T.C. on the ground that K.S.R.T.C. did not operate vehicles. Finding that there was no operating service in the route Ambalathara - Nalanchira by the K.S.R.T.C. the Tribunal set aside the decision of the Regional Transport Authority and directed grant of temporary permit to the first respondent.

(3.) When only 100 permits are reserved for private operators even on the strength of a temporary permit, the number of private operators cannot exceed 100. If all the routes are nationalised to the exclusion of the private operators, even if the K.S.R.T.C. had not operated one or two permits, a private operator could not have applied for a temporary permit. The same situation will continue in respect of the exclusive reserved permits for K.S.R.T.C. as per the notification under S.71(3) as mentioned above. So, even if the K.S.R.T.C. did not operate one or two permits, no private operator can obtain a temporary permit in place of such reserved permits for K.S.R.T.C. Any private operator can seek a temporary permit only if any of the private operators to whom the permit were issued under the reserved quota of 100 permits, is not operating.