IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941

WP(C).No.13327 OF 2019(M)

PETITIONER:

SANITHJAN.S,

S/O. SADEERJAN, KERALA LINES,

104/04, NEXT TO SV HOSPITAL,

HOSUR MAIN ROAD, MADIWALA,

BANGALORE, KARNATAKA-560 068

BY ADV. SRI.K.V.GOPINATHAN NAIR

RESPONDENTS:

1

STATE OF KERALA,

REPRESENTED BY SECRETARY,

TRANSPORT DEPARTMENT(B),

GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM-695 001

2

TRANSPORT COMMISSIONER,

TRANS TOWER, VAZHUTHACAUD,

THIRUVANANTHAPURAM-695 001.

3

THE REGIONAL TRANSPORT OFFICER,

CIVIL LINES, S FORT RD, KENATHUPARAMBU,

KUNATHURMEDU, PALAKKAD-678 002

4

THE REGIONAL TRANSPORT OFFICER,

CIVIL STATION, AYYANTHOLE P.O,

THRISSUR-680 003

5

THE REGIONAL TRANSPORT OFFICER,

CIVIL STATION, KAKKANAD, ERNAKULAM-682 030

6

THE REGIONAL TRANSPORT OFFICER,

CIVIL LINES, COLLECTORATE P.O,

KOTTAYAM-686 002

7

THE REGIONAL TRANSPORT OFFICER,

CIVIL LINES, CIVIL STATION, ALAPPUZHA-688 001

8

THE REGIONAL TRANSPORT OFFICER,

PARAYIL BUILDING, COLLEGE RD, MAKAMKUNNU P.O,

PATHANAMTHITTA-689 645

W.P.(C)Nos.13327 & 14695/2019 2

9

THE REGIONAL TRANSPORT OFFICER,

CIVIL LINES, ANANDAVALLE-SWARAM, KOLLAM-695

013.

10

THE REGIONAL TRANSPORT OFFICER,

AVITTAM COMPLEX, MAMAM, ATTINGAL-695 104

11

THE REGIONAL TRANSPORT OFFICER,

TRANSPORT BHAVAN, EAST FORT, FORT P.O,

THIRUVANANTHAPURAM 695 023

12

MOTOR VEHICLES INSPECTOR,

MOTOR VEHICLE CHECK POST, WALAYAR-678 624

SRI.P.SANTHOSH KUMAR, SPL.GP

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

25.09.2019, ALONG WITH WP(C).14695/2019(J), THE COURT ON

30.09.2019 THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)Nos.13327 & 14695/2019 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

MONDAY, THE 30TH DAY OF SEPTEMBER 2019/8TH ASWINA, 1941

WP(C).No.14695 OF 2019(J)

PETITIONER:

M/S. SRS TRAVELS,

NO.321 TSP ROAD, OPP. BMC KALASIPALYAM,

BANGALORE-560002 REPRESENTED BY ITS

ASST.MANAGER, COCHIN-SREEKANT B.S.,

S/O.BABU RAJENDRAN, AGED 35 YEARS,

RESIDING AT SARADALAYAM PUNNAMADA WARD,

AVALOOKUNNU.P.O., ALAPPUZHA-688006

BY ADVS.

SMT.SUMATHY DANDAPANI (SR.)

SRI.MILLU DANDAPANI

SMT.FATHIMA K.

RESPONDENTS:

1

STATE TRANSPORT AUTHORITY,

THIRUVANANTHAPURAM-695014,

REPRESENTED BY ITS SECRETARY

2

SECRETAY

STATE TRANSPORT AUTHORITY,

THIRUVANANTHAPURAM-695014

3

KARNATAKA STATE TRANSPORT AUTHORITY

1ST FLOOR, TTMC BUILDING, SHANTHINAGAR,

BANGALORE-560027, REPRESENTED BY ITS SECRETARY

R1-2 BY SPL.GOVERNMENT PLEADER SRI SANTHOSH KUMAR

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 25.09.2019, ALONG WITH WP(C).13327/2019(M), THE COURT

ON 30.09.2019 DELIVERED THE FOLLOWING:

W.P.(C)Nos.13327 & 14695/2019 4

“CR”

JUDGMENT

Since common issues are raised, these writ petitions were

heard together and are being disposed of by this common

judgment.

2.

W.P.(C)No.13327 of 2019:- The petitioner is a

tourist bus operator in the State of Karnataka, who has been

issued with Ext.P1 tourist permit under sub-section (9) of

Section 88 of the Motor Vehicles Act, 1988 (for brevity 'the MV

Act'), read with Rules 64 and 66 of the Karnataka Motor

Vehicles Rules, 1989 (for brevity, 'the Kar.MV Rules'), in

respect of vehicle bearing registration No.KA-59/1693, with a

seating capacity of 52+2 in all, valid throughout India, for the

period from 22.04.2019 to 21.04.2024, subject to the

conditions enumerated in that permit issued in Form No.49, in

addition to the conditions specified under Section 84 and sub-

section (11) of Section 88 of the MV Act. The document

marked as Ext.P2 is an authorisation dated 22.04.2019 issued

in Form No.47, under sub-rule (2) of Rule 83 and sub-rule (2)

of Rule 87 of the Kar.MV Rules, in respect of vehicle bearing

registration No.KA-59/1693, for the period from 22.04.2019 to

W.P.(C)Nos.13327 & 14695/2019 5

21.04.2020.

2.1. The petitioner has filed th