GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the holder of Ext.P1 regular permit to operate on the route Kanhangad-Kozhikode as Limited Stop Ordinary Service with stage carriage bearing registration No.KL-60/F-8490, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Ext.P5 notification issued by the Government to the extent it limits the route length of Limited Stop Ordinary Service as 140 Kms is illegal, arbitrary and ultravires to the constitution and struck down the said stipulation in Ext.P5 notification No.8/2017/Tran dated 23.03.2016 published vide SRO No.151/2017 issued by the Government. The petitioner has also sought for a declaration that the amendment made to the Kerala Motor Vehicles Rules as per Ext.P6 notification issued by the Government is illegal, arbitrary and ultravires to the constitution and struck down the said Ext.P6 notification No.6/2017/Tran dated 15.03.2017 published vide SRO No.127/2017 issued by the Government. The further relief sought for is a writ of mandamus commanding the 4th respondent to grant and issue temporary permit to the petitioner on the aforesaid route as Limited Stop Ordinary Service untrammelled by Exts.P5 and P6 notifications issued by the Government, in continuation of Ext.P2 temporary permit.

(2.) On 23.06.2017, when this writ petition came up for admission, this Court passed the following order; "Admit. Government Pleader takes notice for respondents 1, 3 and 4. Standing Counsel takes notice for respondent No.2. Post along with connected matters. Learned counsel for petitioner submits that, petitioner is operating services on the strength of temporary permit issued to him. If the petitioner is operating services on the basis of temporary permit, status quo as on today shall be maintained and the Ext.P3 application filed by the petitioner for re-issue of temporary permit shall be considered, untrammelled by Exts.P5 and P6."

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1, 3 & 4 and also the learned Standing Counsel for KSRTC representing the 2nd respondent.