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CENTRE FOR CONSUMER EDN., PALA versus STATE OF KERALA

High Court of Kerala

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CENTRE FOR CONSUMER EDN., PALA v. STATE OF KERALA - OP No. 18930 of 1998(C) [2007] RD-KL 10968 (22 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 18930 of 1998(C)

1. CENTRE FOR CONSUMER EDN., PALA
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.JOHNSON MANAYANI

For Respondent :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :22/06/2007

O R D E R

H.L. DATTU, C.J. & K.T. SANKARAN, J.

................................................................................... O.P. No. 18930 OF 1998 ...................................................................................

Dated this the 22nd June, 2007



J U D G M E N T

H.L. Dattu, C.J.: Though in the Original Petition filed, there is a grievance with regard to the hike in the fare by the stage carriage operators, but at the time of hearing of this Original Petition, learned counsel for the petitioner very fairly submits, if this court issues a direction to the State and its authorities to insist upon the stage carriage operators to file the Forms and Returns, as required under Rule 158 of the Kerala Motor Vehicles Rules, 1989, he would be satisfied.

2. The learned Government Pleader submits that sufficient instructions in this regard has already been issued by the State Government to the Regional Transport Authorities and its officers. Therefore, the learned Government Pleader submits that, the State Government would not mind to issue one more circular/instruction to the O.P. No. 18930 OF 1998 2 authorities manning the Act, to insist on the stage carriage operators to file the Forms and Returns as required under the provisions of Rule 158 of the Kerala Motor Vehicles Rules.

3. However, the learned counsel appearing for the 4th respondent -Bus Operators Federation , though in the beginning has stated that he has no instruction in the case, but thereafter states that there is no obligation on the part of the stage carriage operators to file any Returns either under the provisions of Rule 158 of the Kerala Motor Vehicles Act or under any other provisions of the said Rules. We do not intend to comment on the statement so made by the learned counsel for the 4th respondent -Federation, for the reason it may not be necessary for disposal of this petition.

4. In view of the above, without going into other details of the Original Petition, the Petition is disposed of as under:-

O R D E R

1. Original Petition is disposed of.

2. The State Government shall issue appropriate instructions to the authorities who are manning the Act, to inform the stage carriage O.P. No. 18930 OF 1998 3 operators to file Returns and Forms as required under Rule 158 of the Kerala Motor Vehicles Rules, as early as possible, at any rate within a period of six months from today.

3. I.A.No. 10493 of 2004 and C.M.P.Nos. 33366 and 39292 of 1998 are also disposed of. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE. K.T. SANKARAN,

JUDGE.

lk O.P. No. 18930 OF 1998 4 H.L. DATTU, C.J. &

K.T. SANKARAN, J.

........................................................ O.P. No. 18930 OF 1998 .........................................................

Dated this the 22nd June, 2007



J U D G M E N T


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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