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1990 Supreme(Ker) 260

K.A.NAYAR
Kasaragod Dist. Bus Owners Association – Appellant
Versus
State of Kerala – Respondent


Judgment :-

O.P. 5003/1990 is. Filed by Kasaragod District Bus Owners Association represented by its Secretary, M. Balakrishnan Nambiar and O.P. 5561 is filed by individual operator. Both the original petitions challenge the nationalisation of 5 routes mentioned in the draft scheme lying between Kasaragod and Kanhangad. Since the challenge is against one and the same notification, I refer exhibits with respect to O.P. 5003/1990. As the Government of Kerala was of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated passenger road transport service, it was necessary in the public interest that the passenger road transport services mentioned in the 5 routes should be run and operated by the State Transport Undertaking, viz, the third respondent, the first respondent published a scheme in Kerala Gazette dated 18-1-1990. The scheme provided that the 5 routes detailed in annexure to Fjrt.P2 will be operated by State Transport Undertaking in the manner provided therein. It is also provided that the transport authorities shall not grant any permit or vary an existing permit to operate any moffussil or town services affecting any of the rou













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