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2015 Supreme(Ker) 299

ASHOK BHUSHAN, A.M.SHAFFIQUE
LUKA DEVASSIA – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM – Respondent


Advocates:
Advocate Appeared:
SRI. P. DEEPAK
SR GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR, SRI. P.C. CHACKO, SC, KSRTC

Judgment

Shaffique, J.

These batch of writ petitions have been filed challenging a scheme (hereinafter referred as the 2009 scheme) published by the Government under Section 100(3) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act, 1988' or 1988 Act'). As common questions arise for consideration, these writ petitions are disposed of by a common judgment.

2. For easy reference, documents referred herein are as described in W.P.C.No.22091/2009.

3. The brief facts as narrated in the said writ petition are as under:-

Kerala State Road Transport Corporation (for short 'KSRTC') and its Employees Association objected to the grant of permits by Regional Transport Authority (for short 'RTA') to operate stage carriages in Kottayam-Kumily National Highway, by filing writ petitions before the High Court. It was contended that though it was a supplementation scheme, it violated Thekkady-Ernakulam scheme and Kottayam-Thekkady scheme. The learned Single Judge directed the RTAs not to grant permits to private operators in the route. The writ appeals filed by the private operators came to be dismissed, against which the special leave petitions were filed before the Supreme Court. B






















































































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