The petitioners were aggrieved by the variation granted to the service of the 3rd respondent.
2. The 3rd respondent was operating stage carriage service between Shornur - Guruvayur. The variation sought for was from Mele Pattambi to Cherpulassery. The variation having been rejected, the 3rd respondent was before the Tribunal. The Tribunal allowed the appeal filed by the 3rd respondent on the ground that between Mele Pattambi and Cherpulassery, there is only a distance of less than 24 Kms.
3. The prescription as to 24 Kms. is to be found in Section 80(3) of the Motor Vehicles Act. This Court has in Muktha V. Rai v. Nageswar Rao [2000 (3) KLT 281] held that 24 Kms. is to be determined from the termini and if it is from any other point, the distance both ways have to be taken to determine the limit of 24 Kms. as specified in the provision. Here that is not done, is the specific case put forward by the petitioners.
WP(C).No.22254 of 2011 - 2 -
4. In the light of the above binding decision, Exhibit P7 and Exhibit P8 consequential order have to be set aside. The 3rd respondent could definitely move for a variation/modification, if advised, in accordance with law.
The writ petition is disposed of as above. No costs.
vku/-
Sd/- K.Vinod Chandran Judge ( true copy )