Kerala State Private Bus Operators Assn. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 25112 of 2007 (M) ---------------------------- PETITIONER :

----------------------- KERALA STATE PRIVATE BUS OPERATORS FEDERATION, THRISSUR, REPRESENTED BY ITS PRESIDENT A.K.ABDULLA, S/O.MAMMED, AGED 70.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.I.DINESH MENON RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2. COMMISSIONER AND SECRETARY TO GOVT., TRANSPORT DEPARTMENT, THIRUVANANTHAPURAM.

R1 & R2 BY GOVERNMENT PLEADER SRI.SAIDALAVI.K.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015,ALONG WITH WP(C).NO.16627/2008 AND WP(C).NO.4337/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts

WP(C).NO.25112/2007 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE NOTIFICATION NO.SRO 1032/2005 DATED 24/11/2005 ISSUED BY THE GOVERNMENT OF KERALA.

P1(A) COPY OF THE ORDER DATED 17/3/2003 NO.G.O(MS) NO.11/2003/TRAN. P2 COPY OF THE JUDGEMENT IN 1966 KLT 479.

P3 COPY OF THE NOTIFICATION DATED 31/3/1993 AS SRO 490/93. P3(A) COPY OF THE NOTIFICATION DATED 28/3/1994 AS SRO 364/94. P3(B) COPY OF THE NOTIFICATION DATED 28/9/2001 AS SRO 896/2001. P4 COPY OF THE ORDER DATED 24/1/97 IN CMP 1457/97 IN O.P.NO.857 OF 1997. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

K.SURENDRA MOHAN, J.

--------------------------------------------- W.P.(C) Nos. 25112 of 2007, 16627 of 2008 and 4337 of 2012 ---------------------------------------------- Dated this the 20th day of February, 2015

J U D G M E N T

These three writ petitions are filed challenging the Government Orders by which student concession has been granted to students proceeding from homes to their educational institutions. The writ petitions have been filed by the Kerala State Private Bus Operators Federation and others. The Government Pleader submits that, the Government Orders that are under challenge in these writ petitions have been superseded by another Government Order, G.O.(P). No.65/2012/Tran dated 09.11.2012. As per the Government Order of the year 2012, the conditions subject to which the students concession is to be granted, have been substantially changed.

In view of the above subsequent development, these writ petitions are dismissed, leaving open the rights of the petitioners to challenge the new Government Order that has been issued. Sd/- K.SURENDRA MOHAN, JUDGE kkj