Mohan M. Shantanagoudar, J. - (1.) Leave granted.
(2.) These appeals arise out of the judgment dated 02.08.2017 passed by the High Court of Kerala at Ernakulam in O.P.(C) No. 1827 of 2017, O.P.(C) No. 1784 of 2017 and O.P.(C) No. 581 of 2017 dismissing the writ petitions and consequently confirming the order dated 11.01.2017 passed by respondent no.5 herein, the State Transport Appellate Tribunal (hereinafter referred to as 'STAT') in M.V.A.R.P No. 53 of 2016. Therein, the STAT had held that the Regional Transport Authority under the facts of the case, may exercise power conferred on it by the proviso to Section 104 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') to grant temporary permits.
(3.) The State of Kerala vide G.O. (P) No.42/2009/Tran. dated 14.07.2009 notified a new scheme in exercise of its powers conferred by Section 100 of the Act for the purpose of providing convenient, adequate, economical, and properly coordinated passenger road transport services. As per the said Scheme, the route of Kottayam-Kozhikode was made a notified route. Clause 4 of the said Scheme interalia provides that the services to be operated by the State Transport Undertaking (hereinafter referred to as 'STU') along the notified route were to the exclusion of private stage carriages operating in the said route. Clause 4 of the said Scheme reads thus: "4. Whether the services are to be operated by the State Transport Undertaking to the exclusion of other persons or otherwise. Yes, the permits issued in the private sector on or before 9.5.2006 will be allowed to continue till the dates of expiry of the respective permits. Thereafter regular permits will be granted to them. When the State Transport Undertaking applies for introducing new services in the above routes, corresponding number of existing private stage carriage permits in the said routes whose permits expire first after filing application by the State Transport Undertaking shall not be renewed. As regards permits issued after 09.05.2006 temporary permits alone shall be issued afresh on expiry in these routes or any portion thereof till such time the State Transport Undertaking replaces with new services. The decision of the State Transport Undertaking to apply for permits to replace the existing Stage Carriages as above shall be taken by the Chief Executive of the State Transport Undertaking.";