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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 11074 OF 2020 PETITIONER: THOMAS GEORGE KONDODICKAL, THOTTACKAD P.O, CHANGANACHERRY, KOTTAYAM DISTRICT BY ADV P.DEEPAK RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY IDUKKI, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, IDUKKI P.O, PAINAVU, IDUKKI 685 603 2 ADDL. R2 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695001.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 2.7.2020 IN
I.A.NO.1/2020) BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
SRI.SANTHOSH KUMAR – SPECIAL G.P.
12.01.2022, ALONG WITH WP(C).475/2022, 6560/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 475 OF 2022 PETITIONER: VINEEDHARAN, AGED 58 YEARS
S/O. RAMUTI, 21/1366, PANAKKAL HOUSE, PAYYANAKKAL, KOZHIKODE, PIN 673 002.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, P.O. UPHILL, MALAPPURAM, REPRESENTED BY ITS SECRETARY, PIN 676 505. 2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, PO UPHILL, MALAPPURAM, PIN 676 505 3 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, PIN 695 001.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 6560 OF 2021 PETITIONER: U.D.SHANI AGED 42 YEARS S/O.V.K.DAMODARAN, SHEENA NIVAS, PATHAYAKUNNU PO., THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SRI.NAJEEB P.P, S/O.O.T.ABDULLA, RESIDING AT PAZHAYA PATTILATH HOUSE, KUNNUMKAI P.O., BHEEMANADY,
KASARAGOD-671314.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001. 2
THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, PIN-670002.
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR,
PIN-670002.
THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695014.
BY ADV SRI.P.C.CHACKO(PARATHANAM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2022, ALONG WITH WP(C).11074/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 8702 OF 2021 PETITIONER: T. HYDERALI AGED 55 YEARS S/O. IBRAHIM, THARAVATTATH HOUSE, NARIPATTA, KALLACHI, KOZHIKODE.
BY ADV K.V.GOPINATHAN NAIR RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY VATAKARA, REPRESENTED BY ITS SECRETARY, MINI CIVIL STATIO, BADAGARA, VATAKARA - 673 104. 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, VATAKARA, MINI CIVIL STATION, BADAGARA, VATAKARA - 673 104. 3 KERALA STATE ROAD TRANSPORT CORPORTION REPRESENTED BY DISTRICT TRANSPORT OFFICER, NATIONAL HIGHWAY - 66, EDODI ROAD, EDODI, VATAKARA - 673 101.
BY ADV SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 11084 OF 2020 PETITIONER: THOMAS GEORGE THOTTACKAD P.O, CHANGANACHERRY, KOTTAYAM DISTRICT BY ADV P.DEEPAK RESPONDENT/S: 1 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI IDUKKI, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, IDUKKI P.O, PAINAVU, IDUKKI 685 603 2
ADDL.R2. KERALA STATE ROAD TRASPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FOR P.O., THIRUVANANTHAPURAM - 695 001.
IS IMPLEADED AS ADDL.R2 AS PER ORDERDATED 02-07-20 IN IA 1/20 BY ADV GOVERNMENT PLEADER THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 11163 OF 2020 PETITIONER: BINU PAULOSE, S/O. P.K. PAULOSE (LATE), PEECHAKKARA HOUSE, KOTHAMANGALAM.
BY ADV P.DEEPAK RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY, CIVIL STATION, PAINAVU, IDUKKI-685603. 2
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI. CIVIL STATION, PAINAVU, IDUKKI-685603. 3 ADDL. KERALA STATE TRANSPORT CORPORATION (SOUGHT TO BE IMPLEADED)
ADDL.R3. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM.
IS IMPLEADED AS PER ORDER DATED 02.07.2020 IN IA 1/2020 IN W.P.(C) 11163/2020. BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2022, ALONG WITH WP(C).11074/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 11229 OF 2020 PETITIONER: THOMAS GEORGE KONDODICKAL, THOTTACKAD P.O., CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADV P.DEEPAK RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY IDUKKI, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, IDUKKI P.O., PAINAVU, IDUKKI-685 603. 2 ADDL. KERALA STATE TRANSPORT CORPORATION KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695001, ADDL.R2 IS IMPLEADED AS PER ORDER DATED 02.07.2020 IN IA 1/2020 IN WP(C) NO.
11229/2020 BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 11470 OF 2020 PETITIONER: THOMAS GEORGE KONDODICKAL, THOTTACKAD P.O. CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADV P.DEEPAK RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, IDUKKI P.O. PAINAVU, IDUKKI 685
603. 2
ADDL.R2.KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 001. IS IMPLEADED AS PER ORDER DATED 02-07-20 IN IA 1/20. BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 13317 OF 2020 PETITIONER: KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM DISTRICT-695 023, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
RESPONDENTS: 1 BINU PAULOSE S/O. PAULOSE, PEECHAKKARA HOUSE, KOTHAMANGALAM, ERNAKULAM, PIN-686 666. 2 THE REGIONAL TRANSPORT AUTHORITY IDUKKI, REPRESENTED BY ITS SECRETARY, CIVIL STATION, PAINAVU, IDUKKI, PIN-685 603. 3 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, IDUKKI, CIVIL STATION, PAINAVU, IDUKKI, PIN-685 603. 4 THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM DISTRICT COURT COMPLEX, ERNAKULAM DISTRICT-682 011 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 13398 OF 2020 PETITIONERS: BABY JOSEPH, S/O. JOSEPH, VARALIKARA HOUSE, KOODAPPULAM P.O. RAMAPURAM, PALA, KOTTAYAM.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY KANNUR, REPRESENTED BY ITS SECRETARY, 670 002. 2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR 670
002. THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 13473 OF 2020 PETITIONER: P.S.SABU PAZHOOR HOUSE, PALAMPRA P. O., KANJIRAPPILLY.
BY ADV P.DEEPAK RESPONDENTS: 1 THE GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2
THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM, REPRESENTED BY ITS SECRETARY, COLLECTORATE P. O., KOTTAYAM - 686 002. 3 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, COLLECTORATE P. O., KOTTAYAM - 686 002. 4 THE KERALA STATE ROAD TRANSPORT CORPORTION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 13619 OF 2020 PETITIONER: MANOJ KUMAR AGED 48 YEARS SARANYA, VADAKODE, KOTTARAKKARA, D/O.CHANDRASEKHARAN PILLAI.
BY ADV P.DEEPAK RESPONDENTS: 1 THE GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2
THE REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O., MUVATTUPUZHA - 686 002. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY COLLECTORATE P.O., MUVATTUPUZHA - 686 002.
THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM -695 004.
BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO(PARATHANAM)
12.01.2022, ALONG WITH WP(C).11074/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 14151 OF 2020 PETITIONERS: 1 RAJESH K. JACOB AGED 46 YEARS S/O.K.C.CHACKO, KAYYUNNAPPARA HOUE, ANICKAD EAST P.O., KOTTAYAM-686 503. 2 K.T.THOMAS, AGED 49 YEARS S/O.THOMAS, KAVUMKAL HOUSE, ELAMPILLY P.O., KOTTAYAM. 3
N.M.BIJU AGED 45 YEARS S/O.MATHAI, NELLICKAKUDIYIL HOUSE, KELAKOM P.O., KANNUR. 4
JUSTIN K.GEORGE, S/O.GEORGE, KATTOMPARAMBIL HOUSE, KONGANDOOR P.O., AYARKUNNAM. 5
SOBIN MATHEW, AGED 48 YEARS S/O.MATHAI, PULIYURUMBIL HOUSE, ELAMPILLY P.O., KOTTAYAM.
BY ADV P.DEEPAK RESPONDENTS: THE GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O., KOTTAYAM-686 002.
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, COLLECTORATE P.O., KOTTAYM-686 002.
THE REGIONAL TRANSPORT AUTHORITY, ERNKAULAM, REPRESENTED BY ITS SECRETARY, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL STATION, KAKKAND, ERNAKULAM-682 030. 6 THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O., KANNUR-670 002. 7 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR, COLLECTORATE P.O., KANNUR-670 002. 8 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 14547 OF 2020 PETITIONER: T.K.RAJENDRAN RAJESH TRANSPORT, THALASSERY ROAD KEERTHI, CHOVVA, KANNUR.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE REGIONAL TANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, 670 002. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR 670
002. 4 THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR 695 014. BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 14788 OF 2020 PETITIONERS: 1 A.J. JOSEPH, AGED 65 YEARS S/O. JOHN, ALUNKAL HOUSE, ANICKAD EAST P.O., KOTTAYAM. 2
SHAJI KURUVILA, AGED 55 YEARS S/O. KURUVILA KURUVILA, MONU VILLA, VADAVATHOOR P.O., KOTTAYAM. 3
BENNY M.P., AGED 46 YEARS S/O. PEETHAMBARAN, MANALIPARAMBIL HOUSE, ENATHI P.O., VAIKOM.
BY ADV I.DINESH MENON RESPONDENTS: THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, COLLECTORATE P.O., KAKKANAD-682030, REPRESENTED BY ITS SECRETARY.
THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, COLLECTORATE P.O., IDUKKI, PAINAVU-685603, REPRESENTED BY ITS SECRETARY.
THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695034.
BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
SRI. SANTHOSH KUMAR SPL. G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 14862 OF 2020 PETITIONER: BINU PAULOSE S/O.P.K.PAULOSE (LATE), PEECHAKKARA HOUSE, KOTHAMANGALAM.
BY ADV P.DEEPAK RESPONDENTS: 1 THE GOVERNMENT OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2
THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY, CIVIL STATION, PAINAVU, IDUKKI-685603. 3 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, IDUKKI,CIVIL STATION, PAINAVU, IDUKKI-685603. 4 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.
BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 14899 OF 2020 PETITIONER: K.VELAYUDHAN S/O.KRISHNAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER K.BHASKARAN, S/O.KRISHNAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT - 676 304. BY ADVS.
G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA RESPONDENTS: 1 REGIONAL TRANSPORT AUTHORITY VADAKARA REPRESENTED BY ITS SECRETARY, KOZHIKODE DISTRICT - 673 101. 2 THE SECRETARY, REGIONAL TRANSPORT OFFICE VADAKARA, KOZHIKODE DISTRICT - 673 101. 3 STATE OF KERALA REPRESENTED THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 4
KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695001 REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 16274 OF 2020 PETITIONER: ABRAHAM T.J. S/O. JOSEPH, THANNIYAPLACAL HOUSE, ANICKADU P.O. PALLIKKANTHODU, KOTTAYAM.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY, 670 002. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, ERNAKULAM 670 002. 4 THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, 695 014.
BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 16938 OF 2020 PETITIONER: ANILKUMAR V.P AGED 44 YEARS S/O. GOPALAN NAIR, RATHEESH BHAVAN, EKKAL, MAMBA P.O, ANJARAKANDY, KANNUR BY ADV I.DINESH MENON RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE REGIONAL TRANSPORT AUTHORITY, KANNUR, CIVIL STATION P.O, KANNUR 670 001 3 THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM 695 034 BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 17062 OF 2020 PETITIONER: GRACY KURIAN AGED 52 YEARS W/O. KURIAN, VALLOMPURAYIDATHIL HOUSE, KUDAYATHOOR P.O., THODUPUZHA.
BY ADV I.DINESH MENON RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-6985 001. 2 THE REGIONAL TRANSPORT AUTHORITY IDUKKI, COLLECTORATE P.O., IDUKKI-PAINAVU-685 603. 3 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695
034. BY ADV SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 20911 OF 2020 PETITIONERS: T.K.RAJENDRAN RAJESH TRANSPORT, THALASSERY ROAD, KEERTHI, CHOVVA, KANNUR.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY KANNUR, REPRESENTED BY ITS SECRETARY, PIN-670 002.
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR, PIN-670 002.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 20969 OF 2020 PETITIONER: C.RANJITH S/O. RAGHAVAN, MADHAVI NIVAS, CHIRAKKAL, KANNUR BY ADV O.D.SIVADAS RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 2 REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY,PIN-670 002 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR,PIN-670 002 4 THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 014 BY ADVS.
GOVERNMENT PLEADER SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 21547 OF 2020 PETITIONER: JOY M.P. AGED 50 YEARS S/O.PAULOSE, MANGALATH PUTHENPURAYIL HOUSE, KOORACHUND POST, PIN-673527, KOZHIKODE DISTRICT.
BY ADV SAJU J.VALLYARA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORTS, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2
THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY, CIVIL STATION, MALAPPURAM P.O., PIN-676505. 3
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, MALAPPURAM P.O., MALAPPURAM, PIN-676505. 4
THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM-695023.
BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 22705 OF 2020 PETITIONER: V.K.SURESH KUMAR AGED 48 YEARS S/O. KRISHNAN NAIR, VATTAPPARAMBIL HOUSE, DESOM P.O. ALUVA.
BY ADV O.D.SIVADAS RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE REGIONAL TRANSPORT AUTHORITY, VATAKARA, REPRESENTED BY ITS SECRETARY 673 101. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, VATAKARA 673 101. 4 THE KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR 695 014. BY ADV SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 23111 OF 2020 PETITIONERS: 1 K.BHASKARAN S/O.KRISHNAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT 2 PRASOON S/O.BASKARAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM DISTRICT BY ADVS.
G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.M.V.VIPINDAS SRI.V.R.SANJEEV KUMAR RESPONDENTS: REGIONAL TRANSPORT AUTHORITY VADAKARA REP. BY ITS SECRETARY, KOZHIKODE DISTRICT-673 101 THE SECRETARY REGIONAL TRANSPORT OFFICE, VADAKARA, KOZHIKODE DISTRICT-673 101 STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 001, REP. BY ITS MANAGING DIRECTOR BY ADV SRI.P.C.CHACKO(PARATHANAM)
SRI. SANTHOSH KUMAR SPL. G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2022, ALONG WITH WP(C).11074/2020 AND CONNECTED CASES, THE THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 23761 OF 2020 PETITIONER: SREERAJ .C.H S/O NARAYANAN, SUGANDHI NILAYAM, CHIRAKKAL, KANNUR.
BY ADV O.D.SIVADAS RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, PIN-670 002. 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR, PIN-670 002. 4 THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM ,REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 014.
BY ADV SRI.P.C.CHACKO(PARATHANAM)
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 12 TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO. 30776 OF 2021 PETITIONER: MUJEEB RAHMAN AGED 48 YEARS S/O. AHAMMED KUTTY, AMBADI HOUSE, KAKKAD P.O, MALAPPURAM DISTRICT.
BY ADV SAJU J.VALLYARA RESPONDENT: THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM , CIVIL STATION, MALAPPURAM P.O PIN 676 505 MALAPPURAM DISTRICT
JUDGMENT
The challenge in these cases is against Government Order G.O.(M.S)No.22/2020/Trans dated 01.07.2020 (“2020 G.O” for short), which seeks to recall an earlier Government Order bearing No.45/2015/Trans dated 28.08.2015
(“2015 G.O”. for short).
2. According to the petitioners, the impugned Government Order was an unnecessary exercise of power because a learned Division Bench of this Court, in KSRTC and others vs. Saju Varkey [2018(4) KLJ 145], has held the permits enjoyed by all the petitioners in these cases to be “Saved Permits”; they thus being entitled to operate at least until such time as a valid Scheme of Nationalisation, or a modification of the earlier, is brought in under the provisions of the Motor Vehicles Act.
3. It is the specific case of the learned counsel appearing for the petitioners in these cases that once Saju Vakey (Supra) was delivered by this Court, even the “2015 G.O” lost its relevance, since it had been issued only as a transitory measure until such time as the Government brought out a valid Scheme. They assert that, therefore, the issuance of the
“2020 G.O” would also be of no consequence at all; but that, unfortunately, the competent Authorities of the Transport Department have come to be under the wrong impression that because of this order, all their permits stand revoked. They, therefore, pray that either this Court declare that, on account of the declarations of Saju Varkey (supra), the petitioners are entitled to operate on the strength of the permits already enjoyed by them; or, in the alternative, to strike down the impugned “2020 G.O”.
4. In response, the learned Special Government Pleader – Sri.Santhosh Kumar, submitted that the petitioners were able to operate on the routes, which are now proposed to be nationalised, solely on account of the
“2015 G.O.”, but that when a new Scheme was propounded in the year 2017, the said order was rendered without legs to stand on; and consequently, that the Government withdrew it through the “2020 G.O”. He added that since the Government is in the process of now issuing a modified Scheme under the provisions of the M.V Act, the benefit of the “2015 G.O” cannot inure to the petitioners any more. He, therefore, prayed that these writ petitions be dismissed.
5. Before I tread forward, I must record that when these matters were heard by this Court on 29.10.2021, after assessing the rival positions, I passed the following interim order.
“ Even though I have heard these matters finally, I am unable to deliver judgment on account of paucity of time today.
2. I, therefore, adjourn these matters to be called on 08.11.2021; until which date, the status quo with respect to the Temporary Permits of the petitioners will be maintained.
3. To paraphrase, they be allowed to operate in the manner as they are permitted today, until the next posting date.”
6. It is conceded before me by both sides that this order is still in effect and that the petitioners are operating their services on its terms.
7. In the Background of the afore essential facts, it is perspicuous that the controversy arose at a time when the Government wanted to bring out a Scheme, but which, on account of certain discrepancies between the draft and the final notifications, could not take effect. It is then that the Government brought out the “2015 G.O” purportedly to help persons like the petitioners and they then preceded to issue a modified Scheme, during the process of which, Saju Varkey (supra) was delivered by a learned Division Bench of this Court.
8. Indubitably, therefore, the petitioners are now operating not on the strength of the
“2015 G.O.”, but on the specific, indubitable and express declarations of this Court i
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