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2014 Supreme(Ker) 146

K.M.JOSEPH, K.ABRAHAM MATHEW
B. O. Davis – Appellant
Versus
B. T. Martin – Respondent


Advocates Appeared:
For the Appellants:M. Jithesh Menon, Advocate.
For the Respondents:R1 & R2 P. Deepak, R3, R4, R5, Syamkumar, Government Pleader, R6, P.C. Chacko, SC, Kerala State Road Transport Corpn, R7, K.P. Justine (Karipat), Advocates, Babu Joseph Kuruvathazha, SC, KSRTC.

Judgment :

K.M. Joseph, J.

1. The appellants filed this appeal on the basis of leave granted by the Court. As stage carriage operators, they are operating on the route. Permits were granted in the name of the writ petitioners. On joint applications under Section 82 of the Motor Vehicles Act 1988(hereinafter referred to as the Act for short), the permits were transferred by the writ petitioners to the appellants during the pendency of the writ petition. The writ petitioners in W.P.(C) No.5819/2008, from which the appeal arises, filed the writ petition challenging Ext.P9 which is a common judgment of the State Transport Appellate Tribunal allowing the revision petitions filed by the KSRTC and cancelling the permits issued to the writ petitioners. The Tribunal found that the permits granted to the writ petitioners violated the Aluva - Vadakkumpuram, a complete exclusion scheme, as the proposed route overlaps the route under the complete exclusion scheme. The learned Single Judge had dismissed the writ petition and took the following view;

“3. W.P.(C) No. 5819/2008 is also filed challenging Ext.P9 order of the STAT in M.V.A.R.P. No. 527 and 528 of 2007 filed by KSRTC challenging the grant




































































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