IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6996 of 2008(G)
1. SAJEESH CHANDRAN, S/O.CHANDRAN,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE REGIONAL TRANSPORT AUTHORITY,
3. THE TRANSPORT COMMISSIONER,
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.M.B.PRAJITH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/07/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.6996/2008
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Dated this the 29th day of July, 2008
JUDGMENT
The prayer in this writ petition is for a direction to the
respondents not to issue the temporary/special permits to
the stage carriage operators enabling them to avoid their
bounden duty of operating in the specified routes and to
operate like a contract carriage. A declaration that Section
88(8) of the Motor Vehicles Act, 1988 does not visualize the
granting of special permit to the stage carriage operators to
function like a contract carriage within the jurisdictional area
of the Regional Transport Authority by whom it is issued, is
also sought for.
2. The main ground on which the petitioner is raising
his contention is that, it is without ensuring the availability
of a substitute vehicle, that special permits are issued to
WP(c).No.6996/2008 2
contract carriages and that this was not permissible, in view
of the judgment of this court in Vijayan Pillai V. RTO,
Trissur(2003(1)KLT 184).
3. A statement has been filed by the first respondent.
In that statement, it is stated that, it is strictly in
compliance with the provisions contained in Section 88(8) of
the Motor Vehicles Act and in compliance with the decision
of the State Transport Authority, dated 1.2.2005 that special
permits are issued to the stage carriages for a maximum
period of 2 days and without insisting on substitute
arrangements provided that one day is a holiday. It is also
stated that, in a case where both the days covered by
special permits are working days, the granting authority
shall ensure that the traveling public will not be put to
hardship by the withdrawal of the route bus and that if it is
satisfied that the withdrawal will put the traveling public to
hardship, such special permits shall be granted only after
making substitute arrangements.
WP(c).No.6996/2008 3
4. From the above, it is evident that the respondents
are ensuring that the inconvenience that is likely to be
caused to the traveling public on account of the withdrawal
of the vehicle is dully taken care of. If that be so, there is no
reason why the relief sought for int his writ petition as such
should be granted.
Be that as it may be, it is directed that, in the event of
the petitioner has any specific compliant in this regard, it
will be open to the petitioner to approach the first
respondent with appropriate representation and in which
case, he shall take appropriate action.
Writ Petition is disposed of as above.
ANTONY DOMINIC
JUDGE
vi.
WP(c).No.6996/2008 4