High Court Kerala High Court

P.O.Augustine vs N.S.Sudarsanan Nair on 9 July, 2009

Kerala High Court
P.O.Augustine vs N.S.Sudarsanan Nair on 9 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 898 of 2009()


1. P.O.AUGUSTINE, S/O.OUSEPH,
                      ...  Petitioner

                        Vs



1. N.S.SUDARSANAN NAIR,
                       ...       Respondent

2. KERALA STATE ROAD TRANSPORT CORPORATION,

3. DISTRICT TRANSPORT OFFICER, PALA,

                For Petitioner  :SRI.K.C.CHARLES

                For Respondent  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :09/07/2009

 O R D E R
                      K. BALAKRISHNAN NAIR
                                        &
                          C.T. RAVIKUMAR, JJ.
                   ---------------------------------------------
                          W.A. NO. 898 OF 2009
                   ---------------------------------------------
                     Dated this the 9th day of July, 2009


                                 JUDGMENT

Balakrishnan Nair, J.

The appellant is aggrieved by the judgment of this Court in W.P.(C)

No.28592 of 2008. The Writ Petition was filed by the first respondent

herein. The dispute raised in that Writ Petition was concerning the

operation of a K.S.R.T.C. bus from Pala to Ernakulam. The learned Single

Judge directed to operate the bus via Kidangaoor, Kodallor market.

Feeling aggrieved by the said judgment, the appellant herein filed R.P. No.

23 of 2009. That was dismissed by order dated 22.1.2009, noticing the

submission made by the learned Standing Counsel for the K.S.R.T.C. that

the present route is more beneficial to the Corporation. Challenging the

above judgment and the order in the Review Petition, this appeal is field.

2. The appellant submits that the present route, directed to be

operated, is one not covered by a permit. Other contentions are also raised.

W.A. NO. 898/2009 2

Essentially, it is for the K.S.R.T.C. to decide through which route it should

operate its buses. Such decisions of the K.S.R.T.C. are not normally

amenable to judicial review by this Court. But, if the present route is not

covered by a valid permit, the appellant will be free to bring it to the notice

of the concerned authorities and seek reliefs. For doing that, the judgment

under appeal or the order in the Review Petition will not stand in his way.

We notice that the learned Judge ordered that the vehicle should be

operated through Kidangaoor, Kodallor market, based on the finding that

the K.S.R.T.C. has got permit on that route. If, there is no such permit, the

competent authority will be free to take action on the representation, if any,

filed by the appellant.

Subject to the above clarification, the Writ Appeal is dismissed.

(K. BALAKRISHNAN NAIR)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

sp/

W.A. NO. 898/2009 3

K.BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.

W.A. NO.898/2009

JUDGMENT

9th July, 2009

W.A. NO. 898/2009 4