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2018 Supreme(SC) 481

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR, NAVIN SINHA
KERALA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
BABY P. P. – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. These appeals arise out of the judgment dated 02.08.2017 passed by the High Court of Kerala at Ernakulam in O.P.(C) No. 1827 of 2017, O.P.(C) No. 1784 of 2017 and O.P.(C) No. 581 of 2017 dismissing the writ petitions and consequently confirming the order dated 11.01.2017 passed by respondent no.5 herein, the State Transport Appellate Tribunal (hereinafter referred to as ‘STAT’) in M.V.A.R.P No. 53 of 2016. Therein, the STAT had held that the Regional Transport Authority under the facts of the case, may exercise power conferred on it by the proviso to Section 104 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) to grant temporary permits.

3. The State of Kerala vide G.O. (P) No.42/2009/Tran. dated 14.07.2009 notified a new scheme in exercise of its powers conferred by Section 100 of the Act for the purpose of providing convenient, adequate, economical, and properly coordinated passenger road transport services. As per the said Scheme, the route of Kottayam-Kozhikode was made a notified route. Clause 4 of










































































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