LAWS(SC)-2004-2-58

A VENKATAKRISHNAN Vs. STATE TRANSPORT AUTHORITY KERALA

Decided On February 24, 2004
A.VENKATAKRISHNAN Appellant
V/S
STATE TRANSPORT AUTHORITY, KERALA Respondents

JUDGEMENT

(1.) The petitioner herein applied before the State Transport Authority, Pondicherry, for grant of permit on the proposed route known as Pandakkal to Palakkad (hereinafter referred to as the proposed inter-State route). A part of the said route lies in the State of Kerala and the other part lies in the Union Territory of Pondicherry. The State Transport Authority, Pondicherry by an order dated 17/11/2000, granted inter-State permit, as applied for by the petitioner. The petitioner thereafter applied to the State Transport Authority, Kerala, for grant of countersignature. The State Transport Authority, Kerala relied upon the decision of this Court in the case of Ashwani Kumar v. Regional Transport Authority, Bikaner and rejected the application for grant of countersignature of permit on the aforesaid inter-State route. Aggrieved, the petitioner has filed this petition under Article 32 of the Constitution.

(2.) When this matter came up before a Bench of this Court, the Court was of the view that this case requires to be decided by a Bench of three learned Judges and it is in this way the matter has come up before us.

(3.) Initially we were reluctant to entertain this petition under Art. 32 of the Constitution, but on the statement of the learned counsel that it may be treated as a special leave petition, we treat this petition as a special leave petition.