Southern Region Passengers Association v. The Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 ---------------------------- PETITIONER:

------------------- SOUTHERN REGION PASSENGERS ASSOCIATION, PLOT NO.78 HILL GARDENS, ANCHERY P.O., THRISSUR-680 006 REPRESENTED BY ITS SECRETARY SEBY JOSEPH.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

1. THE GOVERNMENT OF KERALA, REPRESENTED BYTHE SECRETARY TO GOVERNMENT, TRANSPORT (B), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR.

3. REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY.

4. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY.

5. REGIONAL TRANSPORT AUTHORITY (NATIONALIZED SECTOR), VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

--2--

--2-- --------------------------------------- *ADDL. R6 IMPLEADED

6. KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION(CITU), H.O.THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY T.K.RAJAN.

ADDL. R6 IS IMSPLEADED AS PER ORDER DATED 8.7.2011 IN IA.9949/2011.

R1, R3 TO R5 BY SENIOR GOVT. PLEADER SRI.SYAMKUNAR R2 BY ADV. SRI.P.C.CHACKO, SC ADDL. R6 BY ADV. SRI.T.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2015 ALONG WITH WPC.14793/2006 & CONNECTED CASES, THE COURT ON 10-04-2015 DELIVERED THE FOLLOWING: mbr/

---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETIES THRISSUR, EVIDENCING THE REGISTRATION OF THE PETITIONER'S SOCIETY UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT 1955.

EXT.P1(A) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2 :

TRUE COPY OF THE INFORMATION BY THE PUBLIC INFORMATION OFFICER, KSRTC ON 6.7.2007 FURNISHING THE DETAILS OF VARIOUS CATEGORIES OF KSRTC BUSES OPERATING BETWEEN THRISSUR - ERNAKULAM, THRISSUR - PALAKKAD, THRISSUR - KOZHIKODE. EXHIBIT P3 :

TRUE PHOTO COPY OF THE PHOTOGRAPHS SHOWING THE ATTEMPT OF PASSENGERS TO BOARD OVER CROWDED BUSES AT AMBALLUR IN THRISSUR DISTRICT AS PER PHOTOGRAPH TAKEN ON 9.11.2008. EXHIBIT P4 :

TRUE COPY OF THE COMMUNICATION DATED 8.9.2008 ISSUED BY THE PUBLIC INFORMATION OFFICER, RT OFFICE, THRISSUR. EXHIBIT P5 :

TRUE COPY OF THE NOTIFICATION DATED 15.9.2008 ISSUED BY THE GOVERNMENT OF KERALA TRANSPORT(B) DEPARTMENT, THIRUVANANTHAPURAM.

EXHIBIT P6 :

TRUE COPY OF THE OBJECTION DATED 15.9.2008 FILED BY THE PETITIONER TO THE GOVERNMENT AGAINST THE EXHIBIT P5 NOTIFICATION.

EXT.P6(A) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6. EXHIBIT P7 :

TRUE COPY OF THE EDITORIAL PUBLISHED IN MALAYALA MANORAMA DATED 11.10.2008.

EXT.P7(A) :

TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7. EXHIBIT P8 :

TRUE COPY OF THE REPRESENTATION DATED 2.2.2007 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3.

EXHIBIT P9 :

TRUE COPY OF THE JUDGMENT MADE IN W.P.(C)NO.2285/2009 DATED 21.1.2009.

EXHIBIT P10 : TRUE COPY OF THE FINAL NOTIFICATION NO.GO(P)NO.42/2009/TRAN DATED 14.7.2009 PUBLISHED IN HINDU DAILY DATED 30.7.2009. RESPONDENT'S EXHIBITS:

- NIL -------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

J.CHELAMESWAR, C.J. & K. BALAKRISHNAN NAIR, J.

------------------------------ W.P.(C) No.22196/2009-S ------------------------------ Dated this, the 30th day of March, 2010

JUDGMENT

Balakrishnan Nair, J.

No representation. The Writ Petition is dismissed for default.

J.Chelameswar, Chief Justice K. Balakrishnan Nair, Judge.

nm.