Kerala High Court
Cannanore District Bus Operators ... vs State Of Kerala on 18 September, 1990
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 10TH DAY OF APRIL 2017/20TH CHAITHRA, 1939
WP(C).No. 30408 of 2016 (A)
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PETITIONER(S) :
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1. CANNANORE DISTRICT BUS OPERATORS ASSOCIATION,
DIST. UNIT OF :THE KERALA STATE PRIVATE BUS OPERATORS
FEDERATION-REGISTERED UNDER SOCIETIES ACT,
REG. NO. 609/1993, MANORAMA JUNCTION,
VALIYAVALAPPU KAVU ROAD, KANNUR- 670 002,
REPRESENTED BY GENERAL SECRETARY,
RAJKUMAR KARUVARATH, S/O. KUMARAN,
AGED 59 YEARS, RESIDING AT "SEENAS"
THAZHECHOVVA, KANNUR- 670 018.
2. THALASSERY PRIVATE BUS OPERATORS ASSOCIATIONS,
THALASSERY- 670 101, TALUK UNIT OF THE KERALA STATE
PRIVATE BUS OPERATOR'S FEDERATION
(REGD. UNDER THE SOCIETIES ACT REG. NO. 609/1993)
REP.BY GENERAL SECRETARY, K. GANGADHARAN,
S/O. MANNAN, AGED 65 YEARS, RESIDING AT GIREESH VILLA,
VENAD, KANNUR- 670 612.
BY ADVS. DR.SEBASTIAN CHAMPAPPILLY
SRI.P.A.SAINUDEEN
DR.ABRAHAM P.MEACHINKARA
SRI.GEORGE CLEETUS
RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARYTO GOVERNMENT,
TRANSPORT (B) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001.
2. THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONARATE OF KERALA,
TRANS TOWERS, VAZHUTHACAD, THIRUVANANTHAPURAM,
PIN- 695 014.
..2/-
..2..
WP(C).No. 30408 of 2016 (A)
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3. DISTRICT COLLECTOR, KANNUR.
CHAIRMAN, STUDENTS TRAVEL FACILITY COMMITTEE,
KANNUR DISTRICT, KANNUR- PIN- 670 018.
4. THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, KANNUR, PIN- 670 018.
5. THE DIRECTOR,
CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
(CAPE), CO-BANK TOWERS, 1ST FLOOR, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM- 695 033.
R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. MARY BEENA JOSEPH
R5 BY ADV. SRI.V.KRISHNA MENON, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10-04-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 30408 of 2016 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXT. P1 TRUE COPY OF G.O (RT) NO. 1324/90/PW & T, DATED 18.09.1990.
EXT. P2 TRUE COPY OF G.O.(MS) NO. 11/2003/TRANS, DATED 17.03.2003.
EXT. P3 TRUE COPY OF G.O. (RT) NO. 127/12/TRANS, DATED 13.03.2012
EXT. P4 TRUE COPY OF LETTER NO. C3/906/TC 2010 DATED 22.03.2012
ISSUED BY THE 2ND RESPONDENT.
EXT. P5 TRUE COPY OF LETTER NO.C3/21055/TC/2008 DATED 18.10.2012
ISSUED BY THE 2ND RESPONDENT.
EXT. P6 TRUE COPY OF JUDGMENT IN W.P(C).NO. 12002 OF 2013
DATED 03.06.2013.
EXT. P7 TRUE COPY OF JUDGMENT IN WRIT APPEAL NO. 967 OF 2013
DATED 01.07.2013.
EXT. P8 TRUE COPY OF THE LETTER DATED 04.04.2014 ALONG WITH LIST
OF STUDENTS FORWARDED BY THE PRINCIPAL, COLLEGE OF
ENGINEERING, THALASSERY TO THE RTO, THALASSERY
(SIC JOINT RTO, THALASSERY)
EXT. P9 TRUE COPY OF LETTER NO. 8825/B3/2015/CO-OP
DATED 29.09.2015 ISSUED BY THE SPECIAL SECRETARY TO
GOVERNMENT TO THE DISTRICT COLLECTOR, KANNUR.
EXT. P10 TRUE COPY OF LETTER NO. G/6336/2016/C DATED 23.07.2016
ISSUED BY THE 4TH RESPONDENT.
EXT. P11 TRUE COPY OF REPRESENTATION PREFERRED BY
THE 2ND PETITIONER TO THE 3RD RESPONDENT
DATED 01.08.2016.
EXT. P12 TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT
BEARING NO. DCKNR/293/2016-D3 DATED 01.09.2016.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R3(A): TRUE COPY OF THE LETTER NO. D/640/2012
DATED 15.07.2016.
EXHIBIT R3(B): PROCEEDINGS NO. DCKNR/293/2016-D3 DATED 01.09.2016.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
ANU SIVARAMAN, J.
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W.P.(C).No.30408 of 2016
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Dated this the 10th day of April, 2017
JUDGMENT
1.The prayers in this writ petition are as follows:-
"(i)Call for the records relating to Exhibit P12 from the 3rd respondent herein and quash all proceedings and the order passed by the 3rd respondent vide Exhibit P-12 by the issue of a writ of certiorari or any other writ or order.
(ii)Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd and 4th respondent to adhere to the directions in Exhibit P1 to P5 in the matter of allowing Students Travel Concessions while issuing the Students Travel Concession Cards."
2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 4 and the learned standing counsel for the 5th respondent.
3. It is submitted by the learned counsel for the petitioner that the Government Orders specifically prescribed the mode of grant of travel concession passes to students and only those W.P.(C).No.30408/16 2 passes which have been countersigned by the RTO and Joint RTO can be used by the students to avail students travel concession. The directions contained in the impugned orders are to the effect that the students of the 5th respondent institution are entitled to a preferential treatment inasmuch as students identity cards issued by the Prinicpal can be produced by them for availing travel concession cannot be countenanced, in view of the specific Government Orders on the subject.
4.After hearing the contentions advanced, I am of the opinion that the Government Orders regarding the travel concession which are produced by the petitioners as Exts.P1 to P4 being still in force, it is not open to the respondents to contend that the identity cards issued by the Principal of the Self financing college can be used to avail travel concession.
5. The learned counsel for the petitioner contends that Ext.P10 order has since been recalled by the 4th respondent by a communication dated 12.08.2016 wherein it has been stated W.P.(C).No.30408/16 3 that only identity cards/passes issued by the RTO or the Joint RTO can be used by the students who avail the travel concession.
6. In the above view of the matter, this writ petition is disposed of directing that the students of the 5th respondent institution will be entitled to travel concession only on production of passes as provided in Exts.P1 to P5.
This writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge sj/