The court established that ambiguous regulatory provisions regarding stage carriage operations must be clarified by the authority to ensure lawful compliance.

J U D G M E N T

The petitioner is a stage carriage operator operating a stage carriage service on the route Karakkode - Kozhikode - Thottilpalam (via) Vazhikadavu, Nilambur, Areekode, Edavannappara, Pavangad, Atholi and Perambra on the strength of Ext.P1 regular permit, valid till 4.9.2013. The petitioner is presently operating the service as per the time schedule settled by Ext.P2 proceedings dated 24.9.2009, through the Moffussal Bus Stand in Kozhikode town which is otherwise known as the New Bus Stand. Sometime in the year 2004, the Assistant Commissioner of Police (City Traffic), Kozhikode directed the petitioner to operate the service through the Palayam Bus Stand. The petitioner thereupon submitted Ext.P5 representation before the first respondent. He thereafter filed WP(C)No.25545 of 2007 in this Court. By Ext.P6 judgment delivered on 20.6.2008, this Court directed the Secretary, Regional Transport Authority, Kozhikode to consider Ext.P4 representation with notice to the petitioner and other parties and pass orders thereon, within three months from the date of production of a copy of the judgment. It is stated that though pursuant thereto, there was no interference by the second respondent and the petitioner WP(C)No. 8163 of 2012 -2-

continued to operate the service through the Moffussal Bus Stand at Kozhikode, the second respondent has issued Ext.P7 notice dated 14.3.2012 informing the petitioner that unless he operates the service thorough the Palayam Bus Stand, action will be taken against him. Hence this writ petition challenging Ext.P7 seeking the following reliefs:

i) to declare that the petitioner's stage carriage KL-08/AE 4707 operating on the route Karakkode - Thottilpalam have to start and halt the service at Kozhikode moffussal bus stand in consonance with Ext.P4 decision of the Regional Transport Authority, Kozhikode and respondents 2 and 3 have absolutely no right or authority to interfere in the said operation of the service;

ii) to call for the records leading to the case and quash Ext.P7 by the issuance of a writ of certiorari or any other appropriate writ, direction or order;

iii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to permit the petitioner to operate his service with halt and start from Kozhikode moffussal bus stand;

iv) to stay the operation and all proceedings pursuant to Ext.P7 enabling the petitioner to continue his service on the route Karakkode - Thottilpalam in respect of stage carriage KL- 08/AE 4707 by halting and starting from Kozhikode moffussal bus stand, pending disposal of the Writ Petition (Civil)

2. The third respondent has on his own behalf and on behalf of the second respondent sworn to a counter affidavit dated 9.4.2012. In WP(C)No. 8163 of 2012 -3-

paragraph 2 it is stated that all buses coming from Medical College side should reach Palayam Bus Stand and set down passengers in the said bus stand. It is also stated that buses proceeding to Ulliyeri and Thottipalam and buses going to the northern side should use the Moffussal Bus Stand, that all buses proceeding towards the southern side through Meenchanda Mini Bye - pass, the destination of which is more than 50 kilometres away can use the Moffussal-Bus Stand, but buses going to Nilambur and Vazhikadavu, via Medical College should use the Palayam Bus Stand. In paragraph 3 it is stated that stage carriage bearing registration No. KL-10-AD-6390 operating on the route Nilampur -Karulayi-via Medical College is reaching Palayam Bus Stand to take in and set down passengers and that buses proceeding to the south through the Mini Bye-pass, Meenchanda, Kondotty, Vazhikkadavu are permitted to start from Moffussal Bus Stand and that buses going via Medical college are not permitted to use the Moffussal Bus Stand. It is stated in paragraph 4 that in the year 2010 a new over bridge was built (Arayidathupalam) and all buses are using this over bridge for reaching the Palayam Bus Stand via