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2014 Supreme(Ker) 179

A.M.SHAFFIQUE
Kerala State Limited – Appellant
Versus
Government of Kerala – Respondent


Advocates appeared:
For the Petitioners:K.V. Gopinathan Nair, Advocate.
For the Respondents:R1, C.S. Manilal, Govt. Pleader, R2, Babu Joseph Kuruvathazha, P.C. Chacko, Senior Counsels, KSRTC, R3, A. Inees, R4 & R5, Saju J. Vallyara, Advocates.

Judgment :

1. In these batch of writ petitions Private Stage Carriage Operators challenge the definition given to “Fast Passenger Service”, “Luxury Service”, “Super Deluxe Service”, “Super Express Service” and “Super Fast Service” in the Kerala Motor Vehicles (Amendment) Rules, 2013 (hereinafter referred as 'K.M.V Rules, 2013') and the Notification issued by the Government of Kerala, Transport (B) Department as per G.O.(P) No.73/2013(Tran) dated 16/07/2013, by which the Government approved a Scheme (hereinafter referred as 'Scheme') under subsections (2) and (3) of Section 100 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’).

2. The objectionable amendment with reference to the definition of “Fast Passenger Service” is extracted hereunder:

“(ea): “Fast Passenger Service” means a service which is operated by a State Transport Undertaking with limited stops on a route having a distance of not less than 70 K.Mtrs covering at least one district or connecting two district head quarters and having a seating capacity of at least 50 excluding its staff”.

Similarly clause (ka), (ua), (ub) and (uc) were substituted by confining the operation of such services by the Sta

























































































































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