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.
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W.A. NO. 898 OF 2009
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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