The distinction between contract and stage carriages prevails, as any contract carriage used to pick up individual passengers is deemed a stage carriage, violating permit conditions.

1. The petitioner, namely, Viswa Hindu Parishad, Kerala, which is a society registered under the Societies Registration Act, 1860, with registration No.135/1978, has filed this writ petition under 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to permit the petitioner to manage and operate transportation of pilgrims from Nilakkal to Pamba and vice versa, free of cost, in contract carriages having valid permits, as requested in Ext.P3 representation dated 22.11.2022 submitted before the 4th respondent District Collector, Pathanamthitta, who is also the Chairperson of the Regional Transport Authority, Pathanamthitta. The petitioner has also sought for a writ of mandamus commanding the 1st respondent State of Kerala represented by Chief Secretary to consider Ext.P3 representation dated 22.11.2022 submitted before the 4th respondent District Collector, Pathanamthitta to manage and operate transportation of pilgrims from Nilakkal to Pamba and vice versa, free of cost, in contract carriages having valid permits (with seating capacity below 26 seats) and pass orders immediately, within a time limit to be fixed by this Court; a writ of mandamus commanding the 4th respondent District Collector, who is the Chairperson of the Regional Transport Authority, Pathanamthitta to see that requisite special permits under S.88(8) of the Motor Vehicles Act, 1988, is issued to the vehicles offered by the petitioner for free transportation of pilgrims between Nilakkal and Pamba; a declaration that the scheme notified vide Ext.P4, i.e., G.O.(Ms.)No.144/67 / PW dated 20.07.1967 and the Scheme notified vide Ext.P5 notification, i.e., G.O.(P).No.54/91 / PW&T dated 12.07.1991 will not restrict the operation of contract carriages between Nilakkal and Pamba.
1.1. In the writ petition, it is stated that a pilgrim coming to Sabarimala has to cross Nilakkal and Pamba in order to reach Sannidhanam. Till the year 2018, a pilgrim can take his vehicle up to Pamba. However, on account of the flood situation of the years 2018 and 2019 and also on account of Covid - 19 pandemic situation, the pilgrims are permitted to travel in their vehicles only up to Nilakkal. Thereafter, the only option is Kerala State Road Transport Corporation (KSRTC) chain service to reach Pamba. During the festival season of the year 2019, this Court intervened in the matter vide Ext.P1 judgment dated 19.11.2019 in W.P.(C)No.30842 of 2019, and granted relaxation for vehicles up to 15 seats to proceed from Nilakkal to Pamba, without halting or parking vehicle there. The Travancore Devaswom Board filed R.P.No.686 of 2022, seeking a review of Ext.P1 judgment, which is pending consideration before this Court. The pilgrims in lakhs visiting Sabarimala every year, mainly consist of small kids aged below 10 years, differently - abled persons, senior citizens and also persons suffering from various ailments. It is a hectic job for them to catch KSRTC buses that are too crowded with pilgrims and after getting the bus to travel up to Pamba, causes serious hardship, both physical and mental strain. To add fuel to the vehicle, KSRTC is levying huge amounts from the pilgrims, for the transportation of pilgrims without even extending the requisite comfort and convenience to the pilgrims.
1.2. In the writ petition, it is alleged that the fare levied by KSRTC by providing JnNURM buses both A/C and non - A/C for Nilakkal - Pamba Chain service cannot be af