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D. K. SINGH
Baby Joseph – Appellant
Versus
State of Kerala, Represented By Secretary To Government, Transport Department – Respondent
JUDGMENT :
D. K. Singh, J.
The present batch of writ petitions have been filed by the private stage carriage operators impugning the Scheme framed in the exercise of the powers conferred under Section 100(2) of the Motor Vehicles Act, 1988 (the MV Act for short) r/w Clause (b) of Rule 246 of the Kerala Motor Vehicles Rules, 1989, for passenger road transport service on the routes which would be run and operated exclusively by the Kerala State Transport Undertaking. The said scheme has been placed on record as Ext.P14 in W.P(C) No. 18290 of 2023.
2. In all these writ petitions, almost identical facts and questions of law are involved, and therefore, the facts of the lead petition, W.P (C) No. 18290/2023, are taken note of for the purposes of deciding the issue involved in these batch of writ petitions.
3. The petitioners in these writ petitions are the existing stage carriage operators, conducting their services on the routes for which the impugned scheme has been framed. Under the said scheme, the length of the routes of the petitioners’ stage carriage operation has been restricted to 140 Km, and the petitioners would not be able to apply for renewal of permits in view of the notificat
The State Government must provide adequate consideration and reasons for rejecting objections when modifying transport service schemes, ensuring compliance with principles of natural justice.
Existing holders of saved permits are entitled to renew their permits without distance restrictions until a valid new scheme is enacted, reflecting principles of legal fairness and established judici....
Permits cannot be granted to private operators on routes covered by a notified scheme according to Motor Vehicles Act, 1988, affirming the jurisdiction of the scheme over general powers.
Holders of saved permits under the Motor Vehicles Act are entitled to renewal without distance restrictions unless a new scheme is enacted, as affirmed by precedent, and authorities must consider app....
The State Government does not have the authority to grant temporary permits after withdrawing the scheme under which the permits were granted and the transport authorities must follow the procedure l....
The provisions of Chapter VI of the Motor Vehicles Act, 1988 have an over-riding effect over the provisions of Chapter V and as such, under the provisions to Section 104, only STA or RTA are the comp....
The A.P. State Road Transport Corporation has the authority to withdraw draft schemes published under the Motor Vehicles Act, affirming the need for adaptability in administrative functions.
Private operators cannot be granted permits for overlapping routes if exclusivity is established in the notified scheme under the Motor Vehicles Act.
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