WP(C) No. 12336 of 2012 · Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH DAY OF JUNE 2012/17TH JYAISHTA 1934WP(C).No. 12336 of 2012 (N) ---------------------------PETITIONERS:-------------1. PALAKKAD JILLA PRIVATE BUS OPERATORS ASSOCIATION WITH ITS REGISTRATION NUMBER 609/1993 MUNICIPAL BUS STAND BUILDING, R.S.ROAD, PALAKKAD 678001, REPRESENTED BY ITS PRESIDENT, K.C.MOHANDAS.2. K.SATHYAN MATTUPPARA HOUSE, NEMMARA, PALAKKAD. BY ADV. SMT.R.PADMAKUMARIRESPONDENTS:--------------1. THE REGIONAL TRANSPORT AUTHORITY PALAKKAD, REPRESENTED BY ITS SECRETARY-678001.2. SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678001. BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON07-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1.TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED4.5.2012.

RESPONDENTS' EXHIBITS NILJJ/TRUE COPY/P.S. TO JUDGE K. SURENDRA MOHAN, J.------------------------------------------------------------W.P(C) NO: 12336 OF 2012 -----------------------------------------------------------Dated this the 7th June, 2012.JUDGMENTThe petitioners have filed this writ petition complaining that the Secretary, RTA is granting temporary permits to stage carriage operators, in the place of others under Section 87(1)(c) of the MotorVehicles Act, 1988, without entering any finding as to the existence of the need. Since only temporary permits of 20 days duration are being granted, it is not possible to challenge the same before any higher authorities for want of time. The petitioner has therefore sought the following reliefs:-i) issue a writ of mandamus or any other writs, order or direction to consider Ext.P1 objection against the grant of temporary stage carriage permits in Palakkad district, by giving a hearing opportunity to thepetitioner.ii) to declare that the respondents authorities cannot grant the temporary stage carriage permit, including on the scheme of nationalisation areas and also on other routes, in place of other services without finding temporary need and without endorsing such needin those proceeding and also without hearing the WPC 12336/20122affected parties even as mentioned in the citation 2000(1) KLJ 819 (Mohan v.

RTA).iii) grant such other reliefs as this HonourableCourt may deem fit and proper.” 2. Having heard the counsel for the petitioners, I am not satisfied that the petitioners have suffered any prejudice due to the act that is complained of in this writ petition. No specific instanceis pointed out where temporary permits have been granted indiscriminately and in violation of the stipulations contained in Section 87(1)(c)of the Motor Vehicles Act, 1988. The complaint made is too general in nature and does not merit the issue of any specific direction. Since the authority has been conferred with the power to grant temporary permits in situations that warrant the issue of such permits, no mandamus as sought for can be granted interdicting the authority from doing so. The petitioner also cannot claim a right of hearing while considering the claim of another operator for the grant of a temporary permit. I do not find any grounds to entertain this writ petition. The same is accordingly dismissed. Sd/- K. SURENDRA MOHAN Judgejj /True copy/P.S.to Judge WPC 12336/20123