High Court of KeralaSingle JudgeDisposed by setting aside the June 14, 2017 STA...

W.P.(C) Nos. 24680/2017 & connected cases (Batch)

Case / Petition Number:WP(C).No. 24680/2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • ANIL K. NARENDRAN
Judgment Date
2018-10-15
Court Decision / Holding
The court set aside the STA’s 14.06.2017 Ext.P8 decision for lack of stated reasons and due process, holding it violative of natural justice. It directed the STA to reconsider the matter with proper notice and opportunity to affected parties, taking into account MV Act provisions and relevant precedents, and to issue fresh orders within a two-month window. Till fresh orders are issued, status quo on permits/temporary permits would continue, with possible temporary permits as needed. The remedy also extends to revising orders by RTAs as warranted by the fresh STA decision.
Final Disposition
Disposed by setting aside the June 14, 2017 STA order fixing age limits (Ext.P8) for lack of reasons and due process. The STA is directed to reconsider the matter with notice and reasons, taking into account MV Act provisions and precedents; interim status quo maintained; fresh orders to be issued within two months; RTAs to adjust accordingly as per new STA decision and to consider temporary permits as needed until final orders are issued.

Parties to the Case

Appellants / Petitioners

  • SUNEESH
  • KADEEJA
  • DEEPA
  • SHYAM MOHAN
  • SULAIMAN
  • WILSON K.P
  • ABDUL LATHEEF
  • SOUDAMINI
  • K. HAMZA
  • MUHAMMED ALI
  • AKBAR ALI
  • RADHAKRISHNAN K
  • T.P. MOHAMMED USMAN
  • USMAN
  • K.V. SUNNY
  • SHAHID
  • ABDU
  • K.K. A SHOKAN
  • JOHNSON C L
  • SUNEISH (and federation as petitioner)
  • KERALA STATE BUS OPERATORS FEDERATION

Respondents

  • The State Transport Authority (Kerala)
  • Regional Transport Authority (various districts such as Ernakulam, Kozhikode, Palakkad, Malappuram, Kannur, Kasargod, etc.)
  • The Secretary, Regional Transport Authority (state/region)
  • The Kerala State Road Transport Corporation
  • The Government of Kerala (in some petitions)
  • The Transport Commissioner (where named)

Legal Representation & Advocates

Counsels for Petitioners

  • • P. C. CHACKO
  • • M. U. VIJAYALAKSHMI
  • • SRI BRIJESH MOHAN
  • • SRI K. JAJU BABU (SR.)
  • • SRI P. SANTHOSH KUMAR (SPL. GOVT. PLEADER)

Counsels for Respondents

  • • SRI G. PRABHAKARAN
  • • SMT. R. PADMAKUMARI
  • • SRI K.T. RAVEENDRAN
  • • SRI P. SANTHOSH KUMAR
  • • SRI P. SANTHOSH KUMAR

Case Synopsis & Summary

The batch of writ petitions before the Kerala High Court challenges a June 14, 2017 order of the State Transport Authority (STA) fixing age-limits for stage carriages in granting fresh regular stage carriage permits. The petitioners are stage carriage operators (and include the Kerala State Bus Operators Federation as impleaded) who contend that Ext.P8 (STA’s 14.06.2017 order) lacks reasons, was issued without proper notice/hearing, and thus violates the principles of natural justice, public interest, and statutory limits on the exercise of power under the Motor Vehicles Act and related Kerala rules. The Court recalls precedents mandating that public orders must be reasoned and publicly accessible, and that the act of fixing age limits for vehicles is a restrictive condition that must be grounded in explicit reasoning and fair procedure. The government and STA justify the order on public-safety and environmental grounds, citing long-standing policy and statutory powers to regulate vehicle age under MV Act, KMVR, and related rules. After hearing, the Court holds that Ext.P8 cannot be sustained for lack of reasoned consideration and due process, and disposes of the petitions by setting aside Ext.P8, directing the STA to reconsider the matter with proper notice and reasons, and to issue interim/temporary arrangements as needed, within a two-month timeframe, while preserving status quo until fresh orders.

Provisions of Law Cited

Article 226 of the Constitution of IndiaMotor Vehicles Act, 1988, especially Section 72(2)Kerala Motor Vehicles Rules, 1989, Rule 159(2)KMVR 174(2)(c)Articles 14 and 21 of the ConstitutionArticle 19(1)(g) of the Constitution

Legal Doctrines & Maxims

  • Gordhandas Bhanji v. Gordhandas Bhanji, AIR 1952 SC 16
  • Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405
  • Breen v. Amalgamated Engineering Union, [1971] 1 All ER 1148
  • Alexander Machinery (Dudley) Ltd. v. Crabtree, [1974] ICR 120
  • Chairman and Managing Director, United Commercial Bank and others v. P.C. Kakkar, (2003) 4 SCC 364
  • Krishna Swami v. Union of India, (1992) 4 SCC 605
  • K.M. Ismeth Ummer v. Regional Transport Authority, (2011) 15 SCC 288
  • Subhash Chandra v. State of U.P., (1980) 2 SCC 324
  • M.C. Mehta v. Union of India, (1997) 8 SCC 770
  • B.A. Lingareddy v. Karnataka State Transport Authority, (2015) 4 SCC 515
  • Shaheed Khan v. State of Madhya Pradesh, (2013) MPLJ 439 (and related MCA precedents)
  • CA No.5227/2003, 2010 (4) KLT 597 (SC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that Ext.P8 fixing the age limits for stage carriages was issued without reasons, without adequate hearing, and without proper notice, in contravention of natural justice and the scope of Article 226. They urged that the decision alters the terms of permits and imposes onerous restrictions on licensees who relied on older vehicles, affecting livelihoods and existing operations. They contended that the authority exceeded its powers by creating differential age-limits for various categories without a clear statutory mandate, and that the order must be backed by explicit reasoning and the record.

Contentions of Respondents

The respondents contended that the STA’s order was a legitimate exercise of power under the MV Act and related rules, designed to enhance road safety, reduce pollution, and standardize vehicle age limits across categories (ordinary, city/town, LSOS). They cited long-standing policy changes and the concept of 'specified description' under MV Act, arguing that the order is one step in a broader reform, supported by data on vehicle safety, maintenance costs, and environmental concerns. They asserted that the order followed due process and that interim arrangements could mitigate hardship while a final decision is reconsidered.

Cited Precedents (12)

Case NameCitationTreatmentExplanation
Gordhandas Bhanji v. Gordhandas BhanjiAIR 1952 SC 16PositiveUsed to stress that public orders must be construed by their language and are to be understood in light of the record; cannot be retroactively justified by later explanations.
Mohinder Singh Gill v. Chief Election Commissioner(1978) 1 SCC 405PositiveCited for principle that the validity of an order must rest on the reasons stated and cannot be supplemented by later grounds.
Breen v. Amalgamated Engineering Union(1971) 1 All ER 1148PositiveReason-giving is fundamental to good administration and natural justice.
Alexander Machinery (Dudley) Ltd. v. Crabtree(1974) ICR 120PositiveFailure to give reasons may amount to denial of justice; reasons are essential for judicial review.
Chairman and Managing Director, United Commercial Bank and others v. P.C.Kakkar(2003) 4 SCC 364PositiveReasons provide objectivity; speaking orders are necessary to avoid arbitrariness.
Krishna Swami v. Union of India and others(1992) 4 SCC 605PositiveAny action of a public authority must be founded on reasons stated in the order/record.
K.M. Ismeth Ummer v. Regional Transport Authority and anr.(2011) 15 SCC 288PositiveAffirms that 'specified description' is wide, enabling restrictions like vehicle age in public interest.
Subhash Chandra v. State of U.P.(1980) 2 SCC 324PositiveMotor Vehicles Act aims at public safety and regulation, not private profit.
M.C. Mehta v. Union of India(1997) 8 SCC 770PositiveHigher public safety objectives justify regulatory controls over vehicles.
B.A. Lingareddy v. Karnataka State Transport Authority(2015) 4 SCC 515PositiveRule of reason as anti-arbitrariness; necessity of justified grounds.
Shaheed Khan and others v. State of M.P. and others(2013) MPLJ 439PositivePublic safety and environmental concerns justify restrictions on old vehicles.
CA No.5227/2003, 2010 (4) KLT 597 (SC)(SC)PositiveAuthority to consider ‘specified description’ broad enough to include age restrictions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 24680 of 2017** ## **PETITIONER:** |||**SUNEESH,**| |---|---|---| |||**S/O. SAHANAN, THITTAYIL HOUSE, PANANGAD P.O.**| |||**BY ADV. SRI.P.DEEPAK**| |**RESPONDENTS**<br>**:**||| |**1**||**THE REGIONAL TRANSPORT AUTHORITY,**| |||**ERNAKULAM - 682 030.**| |**2**||**THE SECRETARY,**| |||**REGIONAL TRANSPORT AUTHORITY,**| |||**ERNAKULAM - 682 030.**| |**3**||**THE KERALA STATE ROAD TRANSPORT CORPORATION,**| |||**REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR,**| |||**TRANSPORT BHAVAN, PATTAM,**| |||**THIRUVANANTHAPURAM - 695 001.**| |**4**||**THE STATE TRANSPORT AUTHORITY,**| |||**THIRUVANANTHAPURAM - 695 001.**| **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-2-:** ## **WP(C).No. 24680 of 2017** **ADDL.5 THE KERALA STATE BUS OPERATORS FEDERATION, REGISTER NO.609/93 CAMP OFFICE, ANANTHAVALLEESWARAM, KOLLAM, REPRESENTED BY ITS GENERAL SECRETARY. (IMPLEADED AS PER ORDER DTD.4.1.2018 IN IA.20946/2017)** **BY ADVS. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. SMT.M.U.VIJAYALAKSHMI R5 BY SRI.BRIJESH MOHAN SRI.K.JAJU BABU (SR.) SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-3-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** ## **WP(C).No. 24763 of 2017** ## **PETITIONER:** **KADEEJA, W/O.YUSUF, MANDAYAPURATH HOUSE, ERIYAD, KODUNGALLOOR.** **BY ADV. SRI.M.JITHESH MENON** ## **RESPONDENTS:** - **1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM – 682030.** - **2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM – 682030.** - **3 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTAM, THIRUVANANTHAPURAM – 695001.** - **4 THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM – 695001.** **W.P.(C)Nos.24680/2017 & conn.cases** **:-4-:** **WP(C).No. 24763 of 2017** **ADDL.5THE KERALA STATE BUS OPERATORS FEDERATION, REGISTER NO.609/93 CAMP OFFICE, ANANTHAVALLEESWARAM, KOLLAM, REPRESENTED BY ITS GENERAL SECRETARY.** **(ADDL.R5 IS IMPLEADED VIDE ORDER DATED 4.1.2018 IN IA NO.20945/2017)** **BY ADVS.** **SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.K.JAJU BABU (SR.) SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-5-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 26022 of 2017** ## **PETITIONER:** **SUNEESH, S/O.SAHANAN, THITTAYIL HOUSE, PANANGAD P.O. BY ADV. SRI.P.DEEPAK** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682030. 2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM - 682030.** ## **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-6-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 27255 of 2017** ## **PETITIONER:** **DEEPA, W/O PRADEEPAN, SREELAKSHMI,ERAMALA, VADAKARA. BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** |**1**|**THE STATE TRANSPORT AUTHORITY,**| |---|---| ||**KERALA, REPRESENTED BY ITS SECRETARY,**| ||**PIN – 695 001.**| |**2**|**THE REGIONAL TRANSPORT AUTHORITY,**| ||**VADAKARA – 673 101.**| |**3**|**THE SECRETARY,**| ||**REGIONAL TRANSPORT AUTHORITY, VADAKARA-673 101.**| ||**BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-7-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 28380 of 2017** ## **PETITIONER:** ## **SHYAM MOHAN** **S/O SUKUMARI L, AGED 30 YEARS, MELEDATH HOUSE, KOTTAMURI P.O.,CHANGANASSERY, KOTTAYAM.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** **1 THE STATE TRANSPORT AUTHORITY, KERALA, TRANS BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695 001. 2 SECRETARY, THE STATE TRANSPORT AUTHORITY, KERALA, TRANS BHAVAN, THIRUVANANTHAPURAM-695 001. 3 REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686 001, REPRESENTED BY ITS SECRETARY. 4 THE SECRETARY RTA, KOTTAYAM-686 001.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-8-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 29668 of 2017** ## **PETITIONER:** **SULAIMAN AGED 46 YEARS SAFA HOUSE, KALAPPADAM, KOLLAM BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY KOLLAM- 691 001 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KOLLAM- 691 001 3 THE STATE TRANSPORT AUTHORITY THIRUVANANTHAPURAM-695 001, REP.BY ITS SECRETARY** **BY SRI.P.SANTHOSHKUMAR, SPL.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-9-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** ## **WP(C).No. 32766 of 2017** ## **PETITIONERS:** |**1**||**WILSON K.P**| |---|---|---| |||**KUZHIKKADAN HOUSE, KOMBAND P.O., VENGOOR.**| |**2**||**BIJUMON JOHN**| |||**PUTHENPURACKAL HOUSE, PERUMBALLOOR**| |||**P.O.,MUVATTUPUZHA.**| |||**BY ADV. SRI.STALIN PETER DAVIS**| |**RESPONDENTS**<br>**:**||| |**1**||**REGIONAL TRANSPORT AUTHORITY,**| |||**MUVATTUPUZHA - 686 661.**| - **2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA - 686 661.** - **3 THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM - 695 001.** ## **BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-10-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 35472 of 2017** ## **PETITIONER:** **ABDUL LATHEEF, S/O. SOOPY, KARUVATTIL HOUSE, EAST KODUR, P.O. CHATTIPPARAMBA, MALAPPURAM DISTRICT.** **BY ADV. SRI.SAJU J.VALLYARA** ## **RESPONDENTS:** - **1 THE REGIONAL TRANSPORT AUTHORITY MALAPPURAM DISTRICT, PIN-676 505.** - **2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505.** **3 THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM – 695 001.** **BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-11-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** ## **WP(C).No. 36067 of 2017** ## **PETITIONER:** **SOUDAMINI W/O.SADANANDAN, ANANDHASOUDAHAM HOUSE, MARIKKARA P.O., KAKKODI, KOZHIKODE.** **BY ADV. SRI.G.PRABHAKARAN** ## **RESPONDENTS:** - **1 THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY,MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM - 695 039.** - **2 THE STATE TRANSPORT AUTHORITY (KERALA), THIRUVANANTHAPURAM-695 039.** - **3 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695 039.** **4 THE REGIONAL TRANSPORT AUTHORITY, VATAKARA, REPRESENTED BY ITS SECRETARY, PIN-673 101. BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-12-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 38973 of 2017** ## **PETITIONER:** **K. HAMZA, S/O.LATE ALIPPU, KUNNATH HOUSE, PARAL, THOOTHA P.O., PERINTHALMANNA, MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY NOUPHAL, AGED 38, MANGALATH HOUSE, P.O.KUNNAPPALLI,PERINTHALMANNA.** ## **BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** - **1 THE STATE TRANSPORT AUTHORITY, KERALA, REPRESENTED BY ITS SECRETARY, PIN – 695 014.** **2 THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678 001. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678 001.** **BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-13-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 39146 of 2017** ## **PETITIONER:** **MUHAMMED ALI, S/O ABDULLA HAJI, CHUNDAYIL HOUSE, MUDAVANTHERI P.O, THUNERI, VADAKARA. BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** **1 THE STATE TRANSPORT AUTHORITY, KERALA, REPRESENTED BY ITS SECRETARY, PIN – 695 014. 2 THE REGIONAL TRANSPORT AUTHORITY, VADAKARA – 673 101. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA-673101. BY ADV.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-14-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 41586 of 2017** ## **PETITIONER:** **AKBAR ALI, S/O. ABDULMUTHU, M.A.M.MANZIL, KERALAPARAMBU, VANUR, ALATHUR POST, REPRESENTED BY POWER OF ATTORNEY HOLDER A.KAJAHUSAIN, S/O. ASSAN RAWTHER, KERALAPARAMBU, VANUR, ALATHUR POST, PALAKKAD DISTRICT. BY ADV. SRI.M.JITHESH MENON** ## **RESPONDENTS:** |**1**|**GOVERNMENT OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY,**| ||**MINISTRY OF TRANSPORT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN - 695 039.**| |**2**|**THE STATE TRANSPORT AUTHORITY (KERALA),**| ||**THIRUVANANTHAPURAM, PIN - 695 039.**| |**3**|**THE TRANSPORT COMMISSIONER,**| ||**TRANS TOWERS, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM, PIN - 695 039.**| |**4**|**THE REGIONAL TRANSPORT AUTHORITY,**| ||**PALAKKAD, PIN - 678 001,**| ||**REPRESENTED BY ITS SECRETARY.**| **W.P.(C)Nos.24680/2017 & conn.cases** **:-15-:** ## **WP(C).No. 41586 of 2017** **5** **THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, PIN – 678 001.** ## **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-16-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 41906 of 2017** ## **PETITIONERS:** |**1**|**RADHAKRISHNAN K.,**| |---|---| ||**KUNIYANCHERI HOUSE, PERINGALAM P.O., KOZHIKODE.**| |**2**|**T.V.ABDUL SALAM,**| ||**THAZHATHUVEETIL HOUSE, KARUVAMPYIL, KODUVALLY.**| ||**BY ADV. SRI.STALIN PETER DAVIS**| ## **RESPONDENTS:** |**1**|**REGIONAL TRANSPORT AUTHORITY,**| |---|---| ||**KOZHIKODE-673020.**| |**2**|**THE SECRETARY,**| ||**REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673020.**| |**3**|**THE STATE TRANSPORT AUTHORITY,**| ||**THIRUVANANTHAPURAM-695001.**| ||**BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-17-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 3388 of 2018** **PETITIONER:** **T.P. MOHAMMED USMAN, THRIKANNUR PILATHOTTATHIL HOUSE, P.O.CHENAKKALANGADI, VIA. THENHIPALAM, MALAPPURAM DISTRICT.** **BY ADV. SRI.SAJU J.VALLYARA** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DISTRICT, PIN-676 505. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505. 3 THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM-695 001. BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-18-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** ## **WP(C).No. 5397 of 2018** ## **PETITIONER:** **C.K. BALAKRISHNAN** **S/O.KUTTAPPA GUPTHAN, CHEMBAMPADATH HOUSE, KULAKKATTUKURISSI POST, KADAMPAZHIPURAM P O, PALAKKAD** **BY ADVS. SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI SRI.K.T.RAVEENDRAN** ## **RESPONDENTS:** - **1 THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT, SECRETARIAT,THIRUVANANTHAPURAM - 695 039.** - **2 THE STATE TRANSPORT AUTHORITY (KERALA), THIRUVANANTHAPURAM 695039** - **3 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACADU, THIRUVANANTHAPURAM – 695039.** - **4 THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY, PIN – 678001.** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-19-:** **WP(C).No. 5397 of 2018** **5 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678001** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-20-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 6856 of 2018** ## **PETITIONER:** **V.BHASKARAN S/O.NARAYANAN NAIR, KOLOT HOUSE, BEDADKA G.P., KOLATHUR P.O, KASARAGOD** **BY ADV. SRI.PRASAD CHANDRAN** ## **RESPONDENTS:** |**1**|**THE STATE TRANSPORT AUTHORITY,**| |---|---| ||**KERALA, TRANS BHAVAN, THIRUVANANTHAPURAM,**| ||**REPRESENTED BY ITS SECRETARY, PIN – 695001.**| |**2**|**SECRETARY,**| ||**THE STATE TRANSPORT AUTHORITY, KERALA,**| ||**TRANS BHAVAN, THIRUVANANTHAPURAM - 695001**| |**3**|**REGIONAL TRANSPORT AUTHORITY,**| ||**KASARAGOD – 671 121,**| ||**REPRESENTED BY ITS SECRETARY**| |**4**|**THE SECRETARY, RTA,**| ||**KASARAGOD – 671 121**| ||**BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).14102/2018, WP(C).10847/2018, WP(C).21386/2018, WP(C)WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017,** **W.P.(C)Nos.24680/2017 & conn.cases** **:-21-:** ## **WP(C).No. 6856 of 2018** **WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-22-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** ## **WP(C).No. 8007 of 2018** ## **PETITIONER:** **K.K.ASHOKAN AGED 64, S/O KUNJAPPAN, KAVUGUMKOOTTATHIL HOUSE, ELAMAKARA P.O., KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.M.JITHESH MENON** ## **RESPONDENTS:** |**1**|**THE REGIONAL TRANSPORT AUTHORITY,**| |---|---| ||**ERNAKULAM - 682 030.**| |**2**|**THE SECRETARY,**| ||**REGIONAL TRANSPORT AUTHORITY,**| ||**ERNAKULAM - 682 030.**| |**3**|**THE KERALA STATE ROAD TRANSPORT CORPORATION,**| ||**REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR,**| ||**TRANSPORT BHAVAN, PATTAM,**| ||**THIRUVANANTHAPURAM – 695 004.**| |**4**|**THE STATE TRANSPORT AUTHORITY,**| ||**THIRUVANANTHAPURAM, PIN-695014.**| ||**BY ADVS.**| ||**SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT**| ||**CORPN.**| ||**SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017,** **W.P.(C)Nos.24680/2017 & conn.cases** **:-23-:** ## **WP(C).No. 8007 of 2018** **WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-24-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 8187 of 2018** ## **PETITIONER** **JOHNSON C L CHITTILAPPILLY HOUSE, MUNDUR POST, THRISSUR. BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** **1 THE STATE TRANSPORT AUTHORITY, KERALA, REPRESENTED BY ITS SECRETARY - 695 014. 2 THE REGIONAL TRANSPORT AUTHORITY, VADAKARA - 673 101. 3 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, VADAKARA - 673 101.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-25-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 10847 of 2018** ## **PETITIONER:** **USMAN S/O. LATE. MUHAMMED, PANGIKKADAN HOUSE, KADANNAMANNA P.O., PERINTHALMANNA.** **BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** **1 THE STATE TRANSPORT AUTHORITY, KERALA, THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY. 2 THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678001. 3 THE SECRETARY REGIONAL TRANSPORT AUTHORITY,PALAKKAD-678001.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).14102/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-26-:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 14102 of 2018** ## **PETITIONER:** **SHAHID** **S/O.ABDUL MAJEED, VYSIAMPURATH HOUSE, KARASSERY, KOZHIKODE.** **BY ADV. SRI.K.V.GOPINATHAN NAIR** ## **RESPONDENTS:** **1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, PIN-673020. 2 THE STATE TRANSPORT AUTHORITY, KERALA REPRESENTED BY ITS SECRETARY, TRANS TOWER, VAZHUTHAKAD, THIRUVANANTHAPURAM-695039.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).20030/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-27-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 20030 of 2018** ## **PETITIONER:** **K.V.SUNNY S/O. VARKEY, KANDAMTHURUTHYIL HOUSE, PADICHIRA P.O., PULPALLY, WAYANAD. BY ADV. SRI.K.T.RAVEENDRAN** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY, WAYANAD - 673 122. 2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD- 673 122. 3 THE STATE TRANSPORT AUTHORITY THIRUVANANTHAPURAM - 695 001. BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20201/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-28-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 20201 of 2018** ## **PETITIONER:** **MUHAMMED S/O.ABDULLA, KOLLAPARAMBAN HOUSE, KARAKKUNNU.P.O., MANJERI, MALAPPURAM.** **BY ADV. SRI.K.T.RAVEENDRAN** ## **RESPONDENTS:** **1 THE REGIONAL TRANSPORT AUTHORITY MALAPPURAM -676504. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, MALAPPURAM -676504. 3 THE SECRETARY, THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM - 695 001.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018 AND WP(C).21386/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)Nos.24680/2017 & conn.cases** **:-29-:** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940** **WP(C).No. 21386 of 2018** ## **PETITIONER:** **ABDU S/O.MOHAMMED, PANGINIKADAN HOUSE, KADANNAMANNA P.O, MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, USMAN, S/O.LATE MUHAMMED,PANGINIKKADAN HOUSE, KADANNAMANNA P.O, PERINTHALMANNA.** **BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** **1 THE STATE TRANSPORT AUTHORITY, KERALA, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS SECRETARY. 2 THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001. 3 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001.** **BY SRI.P.SANTHOSH KUMAR, SPL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.10.2018, ALONG WITH WP(C).24680/2017, WP(C).24763/2017, WP(C).26022/2017, WP(C).27255/2017, WP(C).28380/2017, WP(C).29668/2017, WP(C).32766/2017, WP(C).35472/2017, WP(C).36067/2017, WP(C).38973/2017, WP(C).39146/2017, WP(C).41586/2017, WP(C).41906/2017, WP(C).3388/2018, WP(C).5397/2018, WP(C).6856/2018, WP(C).8007/2018, WP(C).8187/2018, WP(C).10847/2018, WP(C).14102/2018, WP(C).20030/2018 AND WP(C).20201/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-30-:** ## **J U D G M E N T** The petitioners in these writ petitions, who are stage carriage operators, have approached this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the decision of the State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for stage carriages in applying and granting fresh regular stage carriage permits. Since common issue is raised, the writ petitions are heard together and are being disposed of by this common judgment. 2.1. W.P.(C)No.24680/2017 :- The petitioner, who is a stage carriage operator, who has been granted a regular permit on the route Ponekkara - Edappally - Vyttila - Cheppanam - Chathamma as ordinary mofussil service, vide Ext.P3 proceedings dated 17.8.2015 of the 1[st] respondent Regional ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-31-:** Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 decision of the State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for stage carriage in applying and granting fresh regular stage carriage permit, and a writ of mandamus commanding the 2[nd] respondent to issue the regular permit granted vide Ext.P3 proceedings to the petitioner's stage carriage bearing registration No.KL-07/AN-2511. On 26.7.2017 when this writ petition came up for admission, the learned Special Government Pleader took notice for respondents and sought time to get instructions and to file statement. This Court has ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-32-:** directed the respective statutory authority to consider the application for re-issue of temporary permit within one week untramelled by the prescriptions contained under the order of the State Transport Authority dated 14.6.2017. It was also made clear that that order will be in force for a period of two months from 26.7.2017. On 26.9.2017, the said interim order was extended by two months. - 2.2. W.P.(C)No.24763/2017: The petitioner, who is a stage carriage operator, who has applied a regular permit on the route N.Parur - High Court Jn.-Convent Beach as ordinary mofussil service, who has been directed vide Ext.P1 proceedings dated 22.12.2015 of the 1[st] respondent Regional Transport Authority, to submit particulars of a suitable stage carriage not older than five years from the date of its original registration for ascertaining the feasibility, has filed this writ petition, ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-33-:** seeking a writ of certiorari to quash Ext.P7 decision of the State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for stage carriage in applying and granting fresh regular stage carriage permit, and a writ of mandamus commanding the 1[st] respondent to grant regular permit to the petitioner's stage carriage bearing registration No.KL-08/Z-3913. On 26.7.2017 when this writ petition came up for admission, the learned Special Government Pleader took notice for the respondents and sought time to get instructions and to file statement. This Court has directed the respective statutory authority to consider the application for re-issue of temporary permit within one week untramelled by the prescriptions contained under the order of the State Transport Authority dated 14.6.2017. It was also made clear that that order will be in force for a period of two months from 26.7.2017. On 26.9.2017, the said interim **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-34-:** order was extended by two months. - 2.3. W.P.(C)No.26022/2017: The petitioner, who is a stage carriage operator, who has been granted a regular permit on the route Ponekkara - Edappally - Vyttila - Cheppanam - Chathamma, as ordinary mofussil service, who has been directed vide Ext.P1 proceedings dated 17.8.2015 of the 1[st] respondent Regional Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, has filed this writ petition, seeking a writ of certiorari to quash Ext.P6 order of the 2[nd] respondent dated 1.8.2017 and also a writ of mandamus commanding the 2[nd] respondent to reconsider the application for temporary permit which was rejected vide Ext.P6 order and issue temporary permit as sought for by him. On 4.8.2017, when this ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-35-:** writ petition came up for admission, the learned Government Pleader was directed to take instructions from the respondents. This Court has granted an interim order to issue temporary permit for a duration of two months if the timings is settled and if Ext.P3 temporary permit valid upto 10.7.2017 is issued on the basis of the settled timings. - 2.4. W.P.(C)No.27255/2017: The petitioner, who is the holder of Ext.P1 regular permit on the route Vadakara-Kozhikode Medical College, as limited stop ordinary service which was valid till 14.10.2017, has filed this writ petition, seeking a writ of certiorari to quash Ext.P5 decision of the 1[st] respondent State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for limited stop ordinary services as a whole as ten years and to quash Ext.P3 decision of the 2[nd] respondent Regional Transport Authority at its ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-36-:** meeting held on 28.8.2016 fixing the age limit of limited stop ordinary service as ten years and permitting operation with the existing vehicles only till 22.6.2017. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent to reconsider the issue relating to the fixation of age limit of vehicles to be operated as limited stop ordinary service with notice and opportunity of being heard to the permit holders. On 17.8.2017 when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court has directed the 3[rd] respondent to issue temporary permits with duration of two months. - 2.5. W.P.(C)No.28380/2017: The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-10/T-3694, who has been granted a regular permit on the route Believers ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-37-:** Church-Changanassery NBS as ordinary mofussil service, vide Ext.P2 proceedings dated 1.9.2016 of the 3[rd] respondent Regional Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, has filed this writ petition, seeking a writ of certiorari to quash Ext.P4 decision of the 1[st] respondent State Transport Authority dated 14.6.2017; a declaration that Ext.P4 decision taken by the 1[st] respondent is not in accordance with the directions of this Court in Ext.P3 judgment in W.P.(C)No.24607/2016 and connected cases and is vitiated; and a writ of mandamus commanding the 4[th] respondent to issue regular permit granted to the petitioner as per Ext.P2 in respect of his vehicle bearing registration No.KL-10/T-3694 untrammelled by ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-38-:** Ext.P4. On 29.8.2017 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents. This Court has granted an interim order to the effect that in case the petitioner is operating on the strength of a valid temporary permit, status quo shall be maintained for three weeks. On 27.2.2018 the learned Special Government Pleader sought time to file counter affidavit and the above interim order dated 29.8.2017 was revived and extended for a period of one month. - 2.6. W.P.(C)No.29668/2017: The petitioner, who is a stage carriage operator, who has been granted a regular permit on the route Veliyam- Kollam Andamukkam, vide Ext.P2 proceedings dated 29.2.2016 of the 3[rd] respondent State Transport Authority, as ordinary mofussil service, subject to production of current records of a suitable stage ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-39-:** carriage not older than seven years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 3[rd] respondent State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for stage carriage in applying and granting fresh regular stage carriage permit; a writ of mandamus commanding the 2[nd] respondent to issue regular permit sanctioned vide Ext.P1 decision to the petitioner's stage carriage bearing registration No.KL-02/V-2680; and a writ of mandamus commanding the 2[nd] respondent to consider Ext.P4 application for temporary permit on the route in question and grant and issue the same, untrammelled by Ext.P3 decision of the State Transport Authority and also the age of the vehicle offered by the petitioner for regular permit. On ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-40-:** 15.9.2017 when this writ petition came up for admission, the learned Government Pleader took notice for respondents and sought time for filing counter affidavit. This Court has directed the 2[nd] respondent to consider Ext.P4 application submitted by the petitioner seeking temporary permit and if there is no other legal impediments standing in the way, the same shall be issued within two weeks. 2.7. W.P.(C)No.32766/2017 :- The 1[st] petitioner, who is a stage carriage operator, who has been granted a regular permit on the route PerumbavoorKochupurackal Kadavu as ordinary mofussil service, vide Ext.P1 proceedings dated 22.12.2015 of the 1[st] respondent Regional Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, and the 2[nd] petitioner, who has been granted a ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-41-:** regular permit on the route Vazhakulam- Kothamangalam-Elanji, as ordinary mofussil service, vide Ext.P2 proceedings dated 22.12.2015 of the 1[st] respondent Regional Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings in accordance with D3 Circular dated 8.11.2011, have filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 3[rd] respondent State Transport Authority dated 14.6.2017, and a writ of mandamus commanding the 2[nd] respondent to issue the regular permit granted vide Exts.P1 and P2 permits, untrammelled by Ext.P3 decision. On 7.11.2017, when this writ petition came up for consideration, the learned Government Pleader took notice for the respondent. - 2.8. W.P.(C)No.35472/2017: The petitioner, who is the registered owner of a stage carriage **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-42-:** bearing registration No.KL-12/B-6280, who has been granted regular permit on the route ThalakkappuVariyath, as ordinary mofussil service, vide Ext.P4 proceedings dated 31.8.2017 of the 1[st] respondent Regional Transport Authority, subject to production of current records of a suitable stage carriage not older than five years from the date of its original registration and settlement of timings, has filed this writ petition, seeking a writ of certiorari to quash Ext.P4 proceedings of the 1[st] respondent Regional Transport Authority dated 31.8.2017 and Ext.P5 decision of the 3[rd] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit for stage carriage in applying and granting fresh regular stage carriage permit and also a writ of mandamus commanding the 2[nd] respondent to issue regular permit sanctioned vide Ext.P4 proceedings to the petitioner's stage carriage bearing registration ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-43-:** No.KL-12/B-6280. On 7.11.2017 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time for filing counter affidavit. This Court has directed that Ext.P7 application submitted by the petitioner for re-issue of temporary permit shall be considered untrammelled by the decision of the State Transport Authority within a period of two weeks and till such time, status quo pertaining to Ext.P4 shall be maintained. - 2.9. W.P.(C)No.36067/2017: The petitioner, who is a stage carriage operator conducting stage carriage bearing registration No.KL-11/Z-6116 operating on the route Kozhikode-Kannur vide Ext.P1 regular permit, has filed this writ petition, seeking a writ of certiorari to quash Ext.P8 decision of the State Transport Authority dated 14.6.2017 and Ext.P9 decision passed of the 4[th] ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-44-:** respondent Regional Transport Authority dated 23.6.2016, insofar as it relates to fixation of age limit for limited stop ordinary service as ten years; a declaration that Exts.P8 and P9 insofar as it fixes the life span of the services operated as limited stop ordinary service as 10 years is only in respect of the stage carriages which were operating as Super Class services on routes in excess of 140 kms, as clarified by this Court in Ext.P6 judgment in W.P.(C)No.21172/2016. On 10.11.2017 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for respondents and sought time for filing counter. This Court directed to maintain status quo with respect to the decision of the State Transport Authority dated 14.6.2017, for a period of one month. - 2.10. W.P.(C)No.38973/2017: The petitioner, ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-45-:** who is the holder of Ext.P1 regular permit in respect of a stage carriage bearing registration No.KL-10/Y-3789 operating as Limited Stop Ordinary Service on the route Pattambi-Palakkad, has filed this writ petition, seeking a writ of certiorari to quash Ext.P5 decision of the 1[st] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit of limited stop ordinary services as a whole as ten years; and a writ of mandamus commanding the 1[st] respondent State Transport Authority to reconsider the issue relating to the fixation of age limit of vehicle to be operated as limited stop ordinary service with notice and opportunity of being heard to the permit holders. On 5.12.2017 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court has directed the 3[rd] ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-46-:** respondent to issue temporary permits with a duration of two months. - 2.11. W.P.(C)No.39146/2017: The petitioner, who is the holder of Ext.P1 regular permit in respect of a stage carriage bearing registration No.KL-58/A-313 operating as limited stop ordinary service on the route Koothuparamba-Kozhikode, has filed this writ petition, seeking a writ of certiorari to quash Ext.P4 decision of the 1[st] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit for limited stop ordinary services as a whole as 10 years; and a writ of mandamus commanding the 1[st] respondent State Transport Authority to reconsider the issue relating to the fixation of age limit of vehicle to be operated as limited stop ordinary service with notice and opportunity of being heard to the permit holders. On 6.12.2017 when this writ petition came up for admission, this ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-47-:** Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court directed the 3[rd] respondent to issue temporary permits with duration of two months. - 2.12. W.P.(C)No.41586/2017: The petitioner, who is a stage carriage operator holding Ext.P1 regular permit on the route Malampuzha-Valappad as limited stop ordinary service in respect of stage carriage bearing registration No.KL-49/500, has filed this writ petition, seeking a writ of certiorari to quash Ext.P5 decision of the 2[nd] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit for limited stop ordinary service as ten years; seeking a declaration that Ext.P5 decision, insofar as it fixes the life span of the services operated as limited stop ordinary services as 10 years is only in respect of stage carriages which ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-48-:** were operating as super class services on routes in excess of 140 kms, as clarified by this court in Ext.P9 judgment in W.P.(C)No.21172/2016 and a writ of mandamus commanding the 5[th] respondent to reconsider Ext.P2 application for renewal untrammelled by Ext.P5 and grant the renewal as expeditiously as possible, at any rate within a short period as stipulated by this Court. On 21.12.2017, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court directed the 5[th] respondent to issue temporary permits with a duration of two months, untrammelled by Ext.P5. On 23.2.2018, when this writ petition came up for further consideration, the learned Senior Government Pleader sought further time to file counter affidavit. It was submitted by the learned counsel for the petitioner that in terms of the interim ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-49-:** order of this Court dated 21.12.2017, the 5[th] respondent has issued temporary permit with a duration of two months, untrammelled by Ext.P5, the validity of which will expire on 26.2.2018. Since the application made by the petitioner for renewal of his regular permit is still pending, this Court directed the 5[th] respondent to re-issue temporary permit with a duration of two months untrammelled by Ext.P5, if there is no other legal impediment. 2.13. W.P.(C)No.41906/2017:- The 1[st] petitioner, who is a stage carriage operator, who has been granted regular permit vide Ext.P1 proceedings dated 4.10.2017 on the route Vellannur- Kunnamangalam Mavoor as ordinary service and the 2[nd] petitioner, who has been granted regular permit vide Ext.P2 proceedings dated 4.10.2017 on the route Eranhikkoth-Ommassery-Kunnamangalam as ordinary service, have filed this writ petition, seeking a writ of certiorari to quash Ext.P7 ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-50-:** decision of the 3[rd] respondent State Transport Authority dated 14.6.2017; and a writ of mandamus commanding the 2[nd] respondent to issue regular permit sanctioned vide Exts.P1 and P2 permits, untrammelled by Ext.P7 decision. On 29.12.2017 when this writ petition was taken up for consideration, the learned counsel for the petitioner submitted that in similar matters, this Court has already passed interim orders and the learned counsel cited an order of this Court in W.P.(C)No.24763/2017 and connected matters, dated 26.7.2017. This Court has also issued identical order directing the competent authority to consider the application of the petitioner seeking re-issue of temporary permit, within a period of two weeks from the date of receipt of a copy of that order, uninfluenced by the mandate contained in Ext.P7 order of the State Transport Authority. - 2.14. W.P.(C)No.3388/2018: The petitioner, **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-51-:** who is a stage carriage operator, who has been granted a regular permit vide Ext.P1 proceedings dated 31.8.2017 on the route Koottumoochi-Mele Chelari-Feroke-Parappanangadi-Tanur as ordinary service, has filed this writ petition, seeking a writ of certiorari to quash Ext.P1 proceedings of the 1[st] respondent Regional Transport Authority dated 31.8.2017 and Ext.P2 decision of the State Transport Authority dated 14.6.2017, insofar as it relates to fixation of age limit for stage carriage in applying and granting fresh regular stage carriage permit; and a writ of mandamus commanding the 2[nd] respondent to issue regular permit to the petitioner to operate on the above route, untrammelled by Ext.P2 decision. On 1.2.2018 when this writ petition came up for consideration, this Court admitted the matter on file and the learned Government Pleader took notice for respondents 1 to 3. **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-52-:** 2.15. W.P.(C)No.5397/2018:- The petitioner, who is a stage carriage operator conducting stage carriage operation with stage carriage bearing registration No.KL-09/R-1819 on the route Muriyankannikkadavu - Palakkad on the strength of Ext.P1 regular permit, has filed this writ petition, seeking a writ of certiorari to quash Ext.P5 decision of the 2[nd] respondent State Transport Authority dated 14.6.2017 insofar as it fixes the life span of limited stop ordinary service as 10 years; a declaration that Ext.P5, insofar as it fixes the life span of the services operated as limited stop ordinary service as 10 years is only in respect of the stage carriage which were operating as Super Class services on routes in excess of 140 kms and converted as LSOS, as clarified by this Court in Ext.P9 judgment in W.P.(C)No.21172/2016; and a writ of mandamus commanding the 4[th] and 5[th] respondents to consider ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-53-:** Ext.P10 request for converting the limited stop ordinary service as ordinary service on the above route, operating with vehicle bearing registration No.KL-09/R-1819, wherein the route length being only 66 kilometers. On 20.2.2018 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court has granted an interim direction to maintain status quo with respect to Ext.P5 decision of the State Transport Authority dated 14.6.2017 for a period of two months. 2.16. W.P.(C)No.6856/2018:- The petitioner, who is a stage carriage operator, who has been granted regular permit on the route PanjikkalKanhangad, vide Ext.P2 proceedings of the 3[rd] respondent Regional Transport Authority, subject to production of suitable stage carriage, has filed ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-54-:** this writ petition, seeking a writ of certiorari to quash Ext.P4 decision of the 1[st] respondent State Transport Authority dated 14.6.2017; a declaration that Ext.P4 decision taken by the 1[st] respondent is not in accordance with the directions of this Court in Ext.P3 judgment in W.P.(C)No.24607/2016 and connected cases and is vitiated; and a writ of mandamus commanding the 4[th] respondent to issue regular permit granted to the petitioner as per Ext.P2 in respect of his stage carriage bearing registration No.KL-13/K-8996, untrammelled by Ext.P4. On 1.3.2018 when this writ petition came up for admission, this Court admitted the matter on file and the learned Senior Government Pleader took notice for respondents 1 to 4. On 18.6.2018, when this writ petition came up for consideration, this Court in I.A.No.10199/2018 granted an interim order directing the 4[th] respondent to consider the application made by the petitioner for issuance of ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-55-:** temporary permit for a period of two months untrammelled by the decisions contained in the order of State Transport Authority dated 14.6.2017, within a period of one week. 2.17. W.P.(C)No.8007/2018:- The petitioner, who is a stage carriage operator, who has been granted regular permit on the inter-district route Kaloor Bus Stand-Makkekkadavu, vide Ext.P1 proceedings dated 23.9.2017 subject to settlement of timings and production of current records of stage carriage not older than eight years, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 4[th] respondent State Transport Authority dated 14.6.2017 and the condition imposed in Ext.P1 proceedings of the 1[st] respondent dated 23.9.2017. On 9.3.2018 when this writ petition came up for admission, this Court admitted the matter on file. 2.18. W.P.(C)No.8187/2018:- The petitioner, ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-56-:** who is the holder of Ext.P1 regular permit on the route Thrissur-Kozhikode-Thalassery as Super Fast Service in respect of his stage carriage bearing registration No.KL-08/BA-5306, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 1[st] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit for limited stop ordinary services as a whole as ten years; and a writ of mandamus commanding the 1[st] respondent State Transport Authority to reconsider the issue relating to the fixation of age limit of vehicles to be operated as limited stop ordinary services with notice and opportunity of being heard to the permit holders. On 9.3.2018 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. This Court directed the 3[rd] ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-57-:** respondent to issue temporary permit with duration of two months. 2.19. W.P.(C)No.10847/2018:- The petitioner, who is a stage carriage operator on the route Mukkutta - Mulliakurussi as ordinary limited stop service covered by Ext.P1 regular permit in respect of stage carriage bearing registration No.KL-06/D- 4242, has filed this writ petition, seeking a writ of certiorari to quash Ext.P4 decision of the 1[st] respondent State Transport Authority dated 14.6.2017 and Ext.P6 consequential decision of the 2[nd] respondent Regional Transport Authority, dated 28.12.2017 insofar as it relates to fixation of age limit for limited stop ordinary services as a whole as ten years; and a writ of mandamus commanding the 1[st] respondent State Transport Authority to reconsider the issue relating to the fixation of age limit of vehicles to be operated as LSOS with notice and opportunity of being heard to the permit ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-58-:** holders. On 28.3.2018 when this writ petition came up for admission, this Court admitted the matter on file and the learned Government Pleader took notice for respondents and sought time to file counter affidavit. This Court directed the 3[rd] respondent to issue temporary permit with duration of two months. 2.20. W.P.(C)No.14102/2018:- The petitioner, who is a stage carriage operator, who has been granted regular permit on the route Thottumukkam - Areakode - Mavoor - Medical College - Kozhikode as ordinary service, vide Ext.P1 proceedings dated 11.1.2018 of the Regional Transport Authority, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 2[nd] respondent State Transport Authority dated 14.6.2017; and a writ of mandamus commanding the 1[st] respondent to issue regular permit already granted as per Ext.P1 in favour of his stage carriage bearing registration No.KL-13/K-9036. On 20.4.2018 ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-59-:** when this writ petition came up for admission, the learned Government Pleader took notice for respondent and sought time for filing counter. This Court has directed the respective statutory authority to consider the application for issue of temporary permit within one week untrammelled by the prescriptions contained under the order of the STA dated 14.6.2017, for a period of two months. 2.21. W.P.(C)No.20030/2018:- The petitioner, who is a stage carriage operator, who has been granted regular permit on the route MarakkadavuSulthan Bathery as ordinary service, vide Ext.P2 proceedings dated 25.1.2018 of the 1[st] respondent Regional Transport Authority, subject to production of current records of suitable stage carriage and settlement of timings, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 3[rd] respondent State Transport Authority dated 14.6.2017; and a writ of ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-60-:** mandamus commanding the 2[nd] respondent to issue regular permit granted vide Ext.P2 decision of the 1[st] respondent in respect of his stage carriage bearing registration No.KL-38/A-4048, covered by Ext.P1 certificate of registration. 2.22. W.P.(C)No.20201/2018:- The petitioner, who is a stage carriage operator, who has been granted a regular permit on the route Kalikavu- Tirur-Thelpara vide Ext.P2 proceedings dated 19.4.2018 of the 1[st] respondent Regional Transport Authority, subject to production of suitable vehicle and settlement of timings, has filed this writ petition, seeking a writ of certiorari to quash Ext.P4 decision of the 3[rd] respondent State Transport Authority dated 14.6.2017; and a writ of mandamus commanding the 2[nd] respondent to issue regular permit granted vide Ext.P2 decision of the 1[st] respondent in respect of his stage carriage bearing registration No.KL-55/F-4255 covered by **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-61-:** Ext.P3 certificate of registration. 2.23. W.P.(C)No.21386/2018:- The petitioner, who is a stage carriage operator on the route Anakkara-Kizhattoor as ordinary limited stop service covered by Ext.P1 regular permit which was valid till 6.5.2016 in respect of stage carriage bearing registration No.KL-57/639 vide Ext.P1 regular permit, has filed this writ petition, seeking a writ of certiorari to quash Ext.P3 decision of the 1[st] respondent State Transport Authority dated 14.6.2017 insofar as it relates to fixation of age limit for limited stop ordinary services as a whole as ten years; and a writ of mandamus commanding the 1[st] respondent State Transport Authority to reconsider the issue relating to the fixation of age limit of vehicles to be operated as limited stop ordinary services with notice and opportunity of being heard to the permit holders. On 28.6.2018 when this writ ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-62-:** petition came up for admission, this Court ordered to continue status quo as on that day, in respect of the temporary permit issued to the petitioner, for a period of three weeks, which interim order was extended from time to time. 3. Heard the learned counsel for the petitioner in the respective writ petitions, the learned Special Government Pleader appearing for the official respondents, the learned Standing Counsel for Kerala State Road Transport Corporation and also the learned counsel for the party respondent, by treating W.P.(C)No.24680/2017 as the leading case. 4. The petitioner in W.P.(C)No.24680/2017 submitted Ext.P1 application dated 21.11.2013 before the 1[st] respondent Regional Transport Authority, Ernakulam, for grant of regular permit to conduct stage carriage service on the route Ponekkara - Edappally - Vyttila - Cheppanam - ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-63-:** Chathamma. The said application was one in respect of stage carriage bearing registration No.KL-07/AN2511, covered by Ext.P2 certificate of registration, which is a 2003 model vehicle with seating capacity 33 in all. By Ext.P3 proceedings of the 1[st] respondent Regional Transport Authority dated 17.8.2015, the petitioner was granted regular permit on the proposed route, subject to settlement of timings, with a rider that the current records of a suitable stage carriage not older than five years from the date of its registration shall be produced within the time limit stipulated under Rule 159(2) of the Kerala Motor Vehicles Rules, 1989. 5. The rider stipulated in Ext.P3 proceedings that the stage carriage should be not older than five years from the date of its registration was under challenge in W.P.(C)No.33980/2015. On the strength of Ext.P4 interim order dated 11.11.2015, ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-64-:** the 2[nd] respondent, the Secretary of the Regional Transport Authority, issued temporary permits of two months duration each to the vehicle offered by the petitioner, pending disposal of that writ petition. On 15.12.2016, when W.P.(C)No.33980/2015 and connected cases were finally heard, it was brought to the notice of this Court by the learned Special Government Pleader that the 4[th] respondent State Transport Authority, vide Ext.P5 minutes dated 29.2.2016, resolved to retain the maximum age of stage carriages operating as ordinary services in the State as 15 years from the date of initial registration. 6. By Ext.P6 judgment dated 15.12.2016 this Court disposed of W.P.(C)No.33980/2015 and connected cases, whereby the 4[th] respondent State Transport Authority was directed to reconsider the matter, within three months from the date of receipt of a copy of that judgment, after issuing a ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-65-:** public notice to all stage carriage operators in the State. It was made clear that till a final decision is taken in the matter by the State Transport Authority, temporary permits shall be issued to the petitioners for intervals of two months to operate their service. It was further ordered that revised orders on the applications preferred by the petitioners for grant of regular permits shall be considered by the Regional Transport Authority concerned, if situation warrants after the decision of the State Transport Authority. 7. Accordingly, the petitioner continued operation of the service on the strength of successive temporary permits issued to his stage carriage. The temporary permit for the period from 11.5.2017 to 10.7.2017 is marked as Ext.P7. During the currency of Ext.P7 temporary permit, the 4[th] respondent State Transport Authority took Ext.P8 ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-66-:** decision on 14.6.2017, fixing the age limit for stage carriages in applying and granting fresh regular stage carriage permits. Ext.P8 decision of the 4[th] respondent State Transport Authority reads thus; “Perused the judgment in W.P.(C)No.33980 of 2015(V) dated 15/12/2016, heard the counsel for the applicants and objectors and decided to fix the age limit for the stage carriages in applying and granting fresh regular stage carriage permits as follows. a) 8 years for ordinary stage carriages b) 7 years for city/town stage carriages and c) 5 years for LSOS. However, the life span of the stage carriages will be the same as per the earlier decision of the STA i.e., 15 years for ordinary city services and 10 years for LSOS.” 8. On 26.7.2017, when W.P.(C)No.24680/2017 **==> picture [437 x 42] intentionally omitted <==** respondents and sought time to get instructions and ## **W.P.(C)Nos.24680/2017 & conn.cases** **==> picture [41 x 8] intentionally omitted <==** file a statement. This Court has passed an interim order, which reads thus; “In the meanwhile there will be a direction to the respective statutory authority to consider the application for reissue of temporary permit within one week untramelled by the prescriptions contained under the order of the STA dated 14.6.2017. This order will be in fore for a period of two months.” The said interim order was extended by two months on 26.9.2017. 9. A counter affidavit has been filed by the 4[th] respondent opposing the reliefs sought for in this writ petition. In paragraph 6 of the counter affidavit, it is averred that Ext.P8 decision of the State Transport Authority fixing the age limit for stage carriages while granting fresh regular stage carriage permits was taken after considering the aspects narrated in paragraph 6. Paragraph 6 of the counter affidavit reads thus; **==> picture [366 x 12] intentionally omitted <==** ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-68-:** meeting held on 14.06.17, considered the following aspects for arriving at the decision. 1.Due to the long term use of the vehicle, there will be corrosion on the over all parts of the body of the vehicle and also diminishes the engine capacity of the vehicle which lead to accidents. Every year new model vehicles are introduced by manufactures giving prime importance to the comfort and safety of the passengers including other road users. The technological changes also cause non availability of spare parts and components of old vehicles which adversely affect the maintenance of these vehicles. This imposes harmful effects to road safety. Imposing restrictions on the age of the vehicle for grant of new permits in the long run will gradually and definitely reduce the number of old vehicles being used as stage carriages. 2.As the life span of vehicle used as stage carriage had been fixed as 15 years by the STA in its decision in ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-69-:** the year 2000, the operators are forced to replace the stage carriages within 15 years of registration of the same to maintain the permit. As per KMVR 174(2)(c), the Transport Authority can reject an application for replacement of vehicle if the new vehicle proposed is older than the one sought to be replaced. Hence each time the vehicle is replaced, the operator has to produce a newer vehicle for the permit. Thus in future even the existing permit holders would not be able to use older vehicles. 3.The existing operators would have to face huge financial difficulties if the existing permits are attached with such a condition. This would adversely effect the industry. Besides, as such a condition was not imposed at the time of issuing of their permits, it wouldn't be possible and reasonable to impose such a condition now. Whereas new entrants to this industry who are seeking fresh permits can definitely be imposed with such a condition so that the pollution be brought to the **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-70-:** minimum and the safety of the road users be assured. 4.Air Pollution caused by the toxic gases ejected by the old vehicles also causes serious environmental problems. Introduction of new vehicles and gradual withdrawal of old vehicles from public roads can create a long reaching effect in the reduction of pollution and there by safeguard the health of future generations. 5.As per Section 72(2) the RTA's are empowered to grant permit for a stage carriage of a specified description when it decides for a stage carriage of a specified description when it decides to grant a stage carriage permit. As “specified description” has been defined by the Hon'ble Supreme Court. The Hon'ble Supreme Court in CA No.5227/2003 dated 04.08.2010 [2010 (4) KLT 597 SC] has held that “ _the expression 'specified description' is very wide and this would include the fixing of age of the vehicle also. Restricting the age of the vehicle for the grant of permit for a stage_ **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-71-:** _carriage is obviously in the public interest because old vehicles can cause accidents and inconvenience and therefore, the authorities under the MV Act 1988 are perfectly justified in placing such restriction for grant of the permit_ ”. Hence the RTAs are empowered to restrict the age of the vehicle for grant of stage carriage permit. As per Section 68(3)(a) the State Transport Authority is empowered to coordinate and regulate the activities and policies of the RTAs of the State. Hence the STA has not exceeded its power in fixing/ restricting the age of the vehicle for grant of stage carriage permit as the STA has only intended to bring in a consensus regarding the same. 6.The aspects put forward by the R&D Team constituted by the Department were also considered by the STA that causes a negative impact on the transporting system, both Government and Private sector, to the general public since they expect more efficient, adequate, modern and safe road transportation **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-72-:** system. 7.As the density of population of vehicles are more in cities and cities being thickly populated, the density of pollution suffering population are also more compared to other areas. Besides, due to traffic congestion as the vehicles are more circumvent to wear and tear in cities, the age limit for stage carriages while granting fresh stage carriage permits in cities has to be fixed differently from Ordinary stage carriages. 8.As Limited Stop Ordinary Services (LSOS) run long distances than the City/Town stage carriages, the wear and tear of these vehicles are more than the City/Town stage carriages. Hence the age limit for stage carriages while granting fresh stage carriage permits for LSOS has to be fixed differently from City/Town stage carriages.” **==> picture [402 x 10] intentionally omitted <==** consideration in this batch of writ petitions is as to whether the decision of the State Transport **W.P.(C)Nos.24680/2017 & conn.cases** **:-73-:** Authority dated 14.6.2017 (Ext.P8 in W.P. (C)No.24680/2017) can be sustained in law. 11. A reading of Ext.P8 would show that the said decision was one taken by the State Transport Authority after hearing the learned counsel for the applicants and objectors and after perusing the judgment of this Court in W.P.(C)No.33980/2015. However, it is not discernible from Ext.P8 the reasons which have persuaded that Authority to take such a decision. 12. In **Commissioner of Police, Bombay v.** **Gordhandas Bhanji [AIR 1952 SC 16]** the Apex Court has held that, public orders publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders made by public authorities are meant to have public effect and are ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-74-:** intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself. 13. Following the principle laid down in **Gordhandas Bhanji's case (supra)** , the Apex Court has reiterated that in **Mohinder Singh Gill v. Chief Election Commissioner [(1978) 1 SCC 405]** , when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to Court on account of a challenge, gets validated by additional grounds later brought out. ## 14. In **Breen v. Amalgamated Engineering Union** **[1971 (1) All. E.R. 1148]** Lord Denning, M.R. observed that, the giving of reasons is one of the **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-75-:** fundamentals of good administration. In **Alexander Machinery (Dudley) Ltd. v. Crabtree [1974 ICR 120]** it was observed that, failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision taker to the controversy in question and the decision or conclusion arrived at. Following the principle laid down in the decisions referred to above, the Apex Court in **Chairman and Managing Director, United** ## **Commercial Bank and others Vs. P.C.Kakkar [(2003) 4** **SCC 364]** held that, reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the 'inscrutable face of the sphinx', it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system. Another rationale is ## **W.P.(C)Nos.24680/2017 & conn.cases** **:-76-:** that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The 'inscrutable face of a sphinx' is ordinarily incongruous with a judicial or quasijudicial performance. 15. A Constitution Bench of the Apex Court has laid down in **Krishna Swami v. Union of India and** **others [(1992) 4 SCC 605]** that, undoubtedly, in a parliamentary democracy governed by rule of law, any action, decision or order of any statutory/ public authority/functionary must be founded upon reasons stated in the order or staring from the record. Reasons are the links between the material, the foundation for their erection and the actual conclusions. They would also demonstrate how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-77-:** considered and the conclusions reached. Lest it would be arbitrary, unfair and unjust, violating Article 14 or unfair procedure offending Article 21 of the Constitution of India. ## 16. In **B.A.Linga Reddy v. Karnataka State** **Transport Authority [(2015) 4 SCC 515]** , the Apex Court, after referring to its earlier judgments on the subject has reiterated that the rule of reason is anti-thesis to arbitrariness in action and is a necessary concomitant of the principles of natural justice. If a statutory or public authority/ functionary does not record the reasons, its decision would be rendered arbitrary, unfair, unjust and violating Articles 14 and 21 of the Constitution of India. It is the duty of such authority/functionary to give reasons and to pass a speaking order that excludes arbitrariness in action. Referring to the facts of that case, the Apex Court noticed that, there is no consideration ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-78-:** of the objections except mentioning the arguments of the rival parties and that objections both factual and legal have not been considered much less reasons assigned to overrule them. 17. Viewed in the light of the law laid down in the decisions referred to supra, conclusion is irresistible that the decision of the State Transport Authority dated 14.6.2017 (Ext.P8 in W.P. (C)No.24680/2017) fixing age limit for stage carriages in applying and granting fresh regular stage carriage permits cannot be sustained in law, as the same is one issued in fragrant violation of the principles of natural justice, inasmuch as, no reasons whatsoever have been stated in the said decision, in support of fixation of age limits for stage carriages. 18. In **Subhash Chandra v. State of U.P. [(1980)** **2 SCC 324)** , the Apex Court in the context of the provisions under the Motor Vehicles Act, 1939 held ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-79-:** that the provisions under the Motor Vehicles Act are geared to public safety and not private profit and casts a solemn duty upon the authorities to protect Indian lives moving in buses, walking on roads, or even standing on margins. This aspect is exemplified on a bare perusal of the provisions of the Motor Vehicles Act, which makes it luminously clear that the Act has been enacted not for granting benefit to stage carriage operators or facilitate or guarantee profit and benefits to transport operators, but the object of regulating the entire field of motor vehicles, transport, traffic, road safety, compensation to victims of motor accidents, security, comfort and protection of passengers, public safety, prevention of pollution, protection of road conditions, regulation and control of transport vehicles including provision for grant of permits, preventing unhealthy competitions between the ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-80-:** transporters amongst several other issues relating to motor vehicle and transports. It is therefore clear from a perusal of the provisions of the Act that the extent of the right to operate stage carriages under the Act is subservient and subject to the right, amongst others, to safe and secure transport of the travelling passengers and the right to pollution free environment and good road conditions of the public at large. [Paragraph 77: **Shaheed Khan and others v. State of M.P. and others** **(2013 (4) MPLJ 439)** ]. 19. In **K.M.Ismeth Ummer v. Regional Transport Authority and anr. [(2011) 15 SCC 288]** , the Apex Court, in the context of Section 72(2) of the Motor Vehicles Act, 1988, held that the expression ' _specified description_ ' is very wide and, therefore, the authorities under the Motor Vehicles Act are perfectly justified in placing restrictions for grant of the permit in public interest, which ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-81-:** would include fixing the age of the vehicle also. 20. The learned counsel for the petitioner in W.P.(C)No.24680/2017 would contend that when the direction contained in Ext.P6 judgment of this Court dated 15.12.2016 in W.P.(C)No.33980/2015 and connected cases, while ordering reconsideration of the matter by the State Transport Authority, was only for fixation of maximum age of the vehicle to be used for conducting ordinary stage carriage services in the State, the 4[th] respondent State Transport Authority was not justified in fixing different age limits for ordinary stage carriages, city/town stage carriages and limited stop ordinary services, etc. 21. As held by the Apex Court in **K.M.Ismeth** **Ummer's case (supra)** , the authorities under the Motor Vehicles Act have the authority in placing restrictions for the grant of permit, in public interest, including fixation of the age of the ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-82-:** vehicle. Therefore, any decision taken by the State Transport Authority in fixing different age limits for different types of stage carriage is legally permissible. 22. In **M.C.Mehta v. Union of India [(1997)8 SCC** **770)** , a Three Bench Judge of the Apex Court held that the existing provisions under the Motor Vehicles Act, 1989 alone are sufficient to clothe the members of the Police force and the transport authorities with ample powers to control and regulate the traffic in appropriate manner, so that no vehicle being used in a public place, causes any danger to the public in any form. The requirement of maintaining the motor vehicle in the manner prescribed and its use if roadworthy in a manner, which does not endanger the public, has to be ensured by the authorities and this is the aim of the provisions enacted in the Motor Vehicles Act. 23. Though the petitioners in this batch of ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-83-:** writ petitions, who are stage carriage operators, have a fundamental right to trade and commerce, guaranteed under Article 19(1)(g) of the Constitution of India, the said right cannot be extended or stretched to encompass a fundamental right to operate stage carriages unfettered by any conditions or restrictions in total disregard to the security, safety and convenience of the passengers and the public at large. Their fundamental right guaranteed under Article 19(1)(g) of the Constitution is inferior and subordinate and has to give way to the paramount consideration of the public safety, security and convenience of the passengers and other relevant considerations under the provisions of the Motor Vehicles Act and the Rules made thereunder. 24. In the result, these writ petitions are disposed of by setting aside the decision of the State Transport Authority dated 14.6.2017 (Ext.P8 ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-84-:** in W.P.(C)No.24680/2017), and the said Authority is directed to reconsider the matter, with notice to the affected parties, including the stage carriage operators in the State, and take an appropriate decision regarding fixation of the age limits for stage carriages in applying and granting fresh regular stage carriage permits, taking note of the provisions under the Motor Vehicles Act and the Rules made thereunder and also the law laid down in the decisions referred to supra. 25. A decision in this regard shall be taken, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of this judgment. Till such orders are passed, status quo as on this date in respect of the permits/temporary permits, if any, issued to the petitioners shall be continued, if found necessary by issuing temporary permit of two months' duration to operate the service. Based on ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-85-:** the orders passed by the State Transport Authority, the respective Regional Transport Authorities shall pass revised orders on the application preferred by the petitioners for grant of regular permit, if situation warrants. It is also ordered that till a fresh decision is taken by the State Transport Authority, based on the direction contained in this judgment, the issuance of regular permit for conducting stage carriage operation, with stage carriages above the age limit specified in the decision of the State Transport Authority dated 14.6.2017, shall be deferred by all the Regional Transport Authorities in the State. All pending interlocutory applications are closed. Sd/- **ANIL K.NARENDRAN JUDGE** ami/20.10.18 **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-86-:** ## **APPENDIX OF WP(C) 24680/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT FILED ON 21.11.2013.** **EXHIBIT P2** - **A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-07/AN 2511.** **EXHIBIT P3** **TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 17.8.2015 IN ITEM NO. 10.** **EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER DATED 11.11.2015 IN WPC NO. 33980 OF 2015.** - **EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 29.2.2016.** - **EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN WPC NO. 33980 OF 2015.** - **EXHIBIT P7 TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 10.7.2017.** - **EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 14.6.2017 IN DEPARTMENT ITEM NO.2.** **EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR REISSUE OF TEMPORARY PERMIT.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-87-:** ## **APPENDIX OF WP(C) 24763/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS DATED 2212-2015.** **EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 15-122016 IN WPC NO.24607 OF 2016 AND CONNECTED CASES.** **EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC 11841/2017.** **EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REG.NO.KL8/Z 3913.** **EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC 16883/2017 DATED 26-5-2017.** **EXHIBIT P6 A TRUE COPY OF THE TEMPORARY PERMIT DATED 4-7-2017.** **EXHIBIT P7 TRUE COPY OF THE DECISION OF THE 4TH RESPONDENT DATED 14-06-2017.** **EXHIBIT P8 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 17-7-2017.** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-88-:** ## **APPENDIX OF WP(C) 26022/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT-P1: TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 17.08.2015 IN ITEM NO.10.** **EXHIBIT-P2: A TRUE COPY OF THE INTERIM ORDER DATED 11.11.2015 IN WPC NO.33980 OF 2015. EXHIBIT-P3: TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 10.07.2017.** **EXHIBIT-P4: TRUE COPY OF THE ORDER OF THE STATE TRANSPORT AUTHORITY DATED 14.06.2017 IN DEPARTMENT ITEM NO.2.** **EXHIBIT-P5: A TRUE COPY OF THE INTERIM ORDER DATED 26.07.2017 IN WPC NO.24680 OF 2017.** **EXHIBIT-P6: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 01.08.2017.** **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-89-:** ## **APPENDIX OF WP(C) 27255/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PERMIT ON THE ROUTE VADAKARA-KOZHIKODE MEDICAL COLLEGE. EXHIBIT P2 TRUE COPY OF R.C PARTICULARS OF VEHICLE KL-18/D-2628. EXHIBIT P3 TRUE COPY OF THE DECISION OF THE R.T.A AT ITS MEETING HELD ON 28.8.2016. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.21172/2016. EXHIBIT P5 TRUE COPY OF THE DECISION OF THE S.T.A. EXHIBIT P6 TRUE COPY OF NOTICE DATED 27.5.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-90-:** ## **APPENDIX OF WP(C) 28380/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE STAGE CARRIAGE BEARING REGISTRATION NO. KL10/T-3694.** **EXHIBIT P2 TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT AT ITS MEETING HELD ON 01.09.2016 IN ITEM NO.4.** **EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) 24607 OF 2016 AND CONNECTED CASES. EXHIBIT P4 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT AT ITS MEETING HELD ON 14-06-2017 IN DEPARTMENTAL ITEM NO.2.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-91-:** ## **APPENDIX OF WP(C) 29668/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 08-06-2017 GRANTING REGULAR PERMIT TO THE PETITIONER.** **EXHIBIT P2** **TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM DATED 29-02-2016** **EXHIBIT P3 TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM DATED 14-06-2017.** **EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** **:-92-:** ## **APPENDIX OF WP(C) 32766/2017** **PETITIONERS' EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE GRANTED REGULAR PERMIT ON 22.12.2015 TO THE 1ST PETITIONER WITH AN ILLEGAL CONDITION. EXHIBIT P2 PHOTOCOPY OF THE GRANTED REGULAR PERMIT ON 22.12.2015 TO THE 2ND PETITIONER WITH AN ILLEGAL CONDITION. EXHIBIT P3 A TRUE COPY OF THE ORDER OF STA DATED 14.6.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-93-:** ## **APPENDIX OF WP(C) 35472/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1: PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-12-B-6280.** **EXHIBIT P2: PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE ORDER NO.G2/139455/2016/M DATED 26.10.2017. EXHIBIT P3: PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO.P.TEM.10/2442/2017 DATED 27.10.2017 ISSUED TO KL-12-B-6280.** **EXHIBIT P4: PHOTOCOPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT HELD ON 31.08.2017 VIDE ITEM NO.9** **EXHIBIT P5: PHOTOCOPY OF THE DECISION OF THE 3RD RESPONDENT HELD ON 14.06.2017 VIDE DEPARTMENTAL ITEM NO.2 EXHIBIT P6: PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO. 33980/2015 DATED 15.12.2016. EXHIBIT P7: PHOTOCOPY OF THE APPLICATION FOR REISSUE OF 4 MONTHS TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.11.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-94-:** ## **APPENDIX OF WP(C) 36067/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT WITH ITS NO.P.ST.18/15/2003.** **EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE WITH ITS VEHICLE NO.KL 11/Z 6116.** **EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18.11.2015.** **EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 20.8.2015 WITH ITS NO.GO(MS)NO.45/2015/TRAN. EXHIBIT P5 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 29.2.2016.** **EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23.11.2016 IN WPC NO.21172/2016.** - **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN WPC NO.8693/2016 AND CONNECTED CASES.** - **EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 14.6.2017.** **EXHIBIT P9 TRUE COPY OF THE DECISION PASSED BY THE 4TH RESPONDENT DATED 23.6.2016. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 13.10.2017 IN WPC NO.32793/2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-95-:** ## **APPENDIX OF WP(C) 38973/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1. TRUE COPY OF THE PERMIT ON THE ROUTE PATTAMBI-PALAKKAD. EXHIBIT P2. TRUE COPY OF PROCEEDINGS DATED 16.05.2011. EXHIBIT P3. TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-10 Y 3789. EXHIBIT P4. TRUE COPY OF THE TEMPORARY PERMIT DATED 18.07.2017. EXHIBIT P5. TRUE COPY OF THE DECISION OF THE S.T.A. DATED 14.06.2017. EXHIBIT P6. TRUE COPY OF ORDER IN WP(C) NO.27255/2017 DATED 17.08.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-96-:** ## **APPENDIX OF WP(C) 39146/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PERMIT ON THE ROUTE KOOTHUPARAMBA-KOZHIKODE. EXHIBIT P2 TRUE COPY OF RC BOOK OF THE VEHICLE KL58-A-313. EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT DATED 19.7.2017. EXHIBIT P4 TRUE COPY OF THE DECISION OF THE S.T.A DATED 14.6.2017. EXHIBIT P5 TRUE COPY OF ORDER IN WP(C) NO.27255/2017 DATED 17.8.2017** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-97-:** ## **APPENDIX OF WP(C) 41586/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL DATED NIL.** **EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER DATED 29.12.2016.** **EXHIBIT P3 TRUE COPY OF TEMPORARY PERMIT DATED 04.08.17.** **EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 05.12.2017.** **EXHIBIT P5 TRUE COPY OF THE DECISION TAKEN BY THE 2ND RESPONDENT DATED 14.06.2017.** **EXHIBIT P6 TRUE COPY OF THE NOTICE OF THE 4TH RESPONDENT DATED 31.05.2016. EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18.11.2015.** **EXHIBIT P8 TRUE COPY OF THE SAID NOTIFICATION DATED 20.08.2015. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 21172/2016 AND CONNECTED CASES DATED 23.11.2016.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-98-:** ## **APPENDIX OF WP(C) 41906/2017** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1: PHOTOCOPY OF THE GRANTED REGULAR PERMIT ON 4.10.2017 TO THE IST PETITIONER.** **EXHIBIT P2:** - **PHOTOCOPY OF THE GRANTED REGULAR PERMIT ON 4.10.2017 TO THE 2ND PETITIONER.** - **EXHIBIT P3: A TRUE COPY OF THE VEHICLE PARTICULAR OF KL-10/R 5315 ALONG WITH COVERING LETTER DATED 23.11.2017, PRODUCED BY THE IST PETITIONER.** - **EXHIBIT P4: A TRUE COPY OF THE VEHICLE PARTICULAR OF KL-17/C 6823 ALONG WITH COVERING LETTER DATED 11.12.2017, PRODUCED BY THE 2ND PETITIONER.** **EXHIBIT P5: PHOTOCOPY OF TEMPORARY PERMIT APPLICATION DATED 30.11.2017 ALONG WITH CHALAN FILED BY THE IST PETITIONER. EXHIBIT P6: PHOTOCOPY OF TEMPORARY PERMIT APPLICATION DATED 18.12.2017 ALONG WITH CHALAN FILED BY THE 2ND PETITIONER. EXHIBIT P7: A TRUE COPY OF THE ORDER OF STA DATED 14.06.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** **:-99-:** ## **APPENDIX OF WP(C) 3388/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT HELD ON 31.08.2017 VIDE ITEM NO.4. EXHIBIT P2 PHOTOCOPY OF THE DECISION OF THE 3RD RESPONDENT HELD ON 14.06.2017 VIDE DEPARTMENTAL ITEM NO.2. EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.33980/2015 DTD.15.12.2016.** ## **RESPONDENTS' EXHIBITS: NIL** ## **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-100-:** ## **APPENDIX OF WP(C) 5397/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT WITH ITS NO. P.ST. 9/1035/2006 DATED 23.12.2017** **EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE WITH ITS VEHICLE NO. KL. 9/ R 1819 EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 15.09.2017** **EXHIBIT P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.09.2017 EXHIBIT P5 TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY DATED 14.06.2017** - **EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE RTO DATED 19.01.2018** - **EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 18.11.2015** - **EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 20.08.2015 WITH ITS GO (MS)NO. 45/2015/TRAN** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 23.11.2016 IN WPC.NO. 21172/2016** - **EXHIBIT P10 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RTO DATED 25.01.2018** **EXHIBIT P11 TRUE COPY OF THE NOTICE ISSUED BY THE RTO DATED 19.01.2018** **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-101-:** ## **APPENDIX OF WP(C) 6856/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE STAGE CARRIAGE BEARING REGISTRATION NO. KL. 13/K-8996** **EXHIBIT P2 TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT AT ITS MEETING HELD ON 07.11.2017 IN ITEM NO. 3 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C).NO. 24607/2016 AND CONNECTED CASES** **EXHIBIT P4 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT AT ITS MEETING HELD ON 14.06.2017 IN DEPARTMENTAL ITEM NO.2** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** **:-102-:** ## **APPENDIX OF WP(C) 8007/2018** **PETITIONER'S EXHIBITS: EXHIBIT P1: A TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DATED 23.9.2017. EXHIBIT P2: A TRUE COPY OF THE JUDGMENT DATED 15.12.2016 IN WPC NO.33980 OF 2015. EXHIBIT P3: TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 14.6.2017 IN DEPARTMENT ITEM NO:2.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-103-:** ## **APPENDIX OF WP(C) 8187/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PERMIT ON THE ROUTE THRISSUR-KOZHIKODE-THALASSERY. EXHIBIT P2 TRUE COPY OF THE ORDER GO[MS]NO. 45/2015/TRANS DATED 20.08.2015. EXHIBIT P3 TRUE COPY OF THE DECISION OF THE S.T.A. DATED 14.06.2017. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 21172/2016 DATED 23.11.2016. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO. 39146/2017 DATED 06.12.2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-104-:** ## **APPENDIX OF WP(C) 10847/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE MUKKUTTA- MULLIAKURUSSI IN RESPECT OF S/C KL-06/D-4242.** **EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION FOR RENEWING THE REGULAR PERMIT ON THE ROUTE MUKKUTTA-MULLIAKURUSSI IN RESPECT OF S/C KL-06/D-4242.** **EXHIBIT P3 TRUE COPY OF THE R.C. PARTICULARS OF THE VEHICLE KL-06/D-4242.** **EXHIBIT P4 TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY DATED 14.6.2017.** - **EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER ON THE ROUTE MUKKUTTAMULLIAKURUSSI IN RESPECT OF S/C KL-06/D4242.** **EXHIBIT P6 TRUE COPY OF THE DECISION OF THE R.T.A. PALAKKAD DATED 28.12.2017.** **EXHIBIT P7 TRUE COPY OF THE ORDER IN W.P.(C)NO. 8187 OF 2018 DATED 9.3.2018.** **EXHIBIT P9 TRUE COPY OF THE TEMPORARY PERMIT DATED 30.04.2018.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** **:-105-:** ## **APPENDIX OF WP(C) 14102/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY DATED 11.1.2018. EXHIBIT P2 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-13/K 9036. EXHIBIT P3 TRUE COPY OF DECISION OF THE 2ND RESPONDENT DATED 14.6.2017. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN W.P. (C) NO.24763/2017.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-106-:** ## **APPENDIX OF WP(C) 20030/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1. A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-38/A 4048** **EXHIBIT P2. A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25.01.2018 IN ITEM NUMBER 32** **EXHIBIT P3. TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 14.06.2017 IN DEPARTMENT ITEM NO.2 EXHIBIT P4. A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25.01.2018 IN ITEM NUMBER 1 EXHIBIT P5. TRUE COPY OF THE ORDER DATED 26.07.2017 IN WPC.NO.24657 OF 2017** **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** ## **:-107-:** ## **APPENDIX OF WP(C) 20201/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1A TRUE COPY OF THE CERTIFICATE OF JUDGMENT DATED 09/02/2018 IN MVAA NO.58 OF 2017.** **EXHIBIT P2A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 19/04/2018 IN ITEM NUMBER 2.** **EXHIBIT P3A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-55/F 4255.** **EXHIBIT P4TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 14/06/2017 IN DEPARTMENT ITEM NO.2** **EXHIBIT P5TRUE COPY OF THE ORDER DATED 26/07/2017 IN WPC NO.24657 OF 2017. EXHIBIT P6TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 06/06/2018.** ## **RESPONDENTS' EXHIBITS: NIL** **W.P.(C)Nos.24680/2017 & conn.cases** **:-108-:** ## **APPENDIX OF WP(C) 21386/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 :** **TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE ANAKKARA- KIZHATTOOR IN RESPECT OF S/C KL 57 639** **EXHIBIT P2 : TRUE COPY OF THE TEMPORARY PERMIT DATED 26-2-2018.** **EXHIBIT P3 : TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY DATED 14-6-2017.** **EXHIBIT P4 : TRUE COPY OF THE APPLICATION DATED 18-62018 WITH CHALAN.** **EXHIBIT P5 : TRUE COPY OF THE ORDER IN WPC.NO.39146 OF 2017 DATED 6-12-2017.** ## **RESPONDENTS' EXHIBITS: NIL** ## **//TRUE COPY//** **P.A.TO JUDGE** **ami/**