NARAYANA Vs. DEPUTY COMMISSIONER FOR TRANSPORT

JUDGEMENT

(1.) Sri S. Udaya Shankar, learned High Court Government Pleader was directed to take notice for the respondent. Accordingly, he has put in appearance. This matter relates to suspension of the Registration Certificate. It is taken up for final disposal itself.

(2.) In this Petition, under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the orders dated 19-1-1985 bearing No. DSA. I. CR. 583/85 86 and 25-3-1985 bearing No. DCT. RGN.15/84-85 passed by respondents 2 and 1 respectively and produced as Annexures A and B respectively.

(3.) The Petitioner is the registered owner of the vehicle bearing No. MYU 4613. On four occasions, viz., 18-8-1984 1-9-1984, 3140-1984 and 17-11-1984. he has used the stage carriage in question without a permit. On the previous day of each of the aforesaid dates, he had applied for special permit and without the grant of special permit, he had used the Vehicle on the subsequent dates. These facts are not disputed. In fact, before the Second respondent, the General Power of Attorney Holder of the petitioner appeared and pleaded for leniency. The second respondent having regard to the fact that the petitioner had used the stage carriage without the permit on four occasions, ordered for suspension of the Registration Certificate for a period of four months. There was no written explanation filed explaining the circumstances under which the vehicle in question was used on the aforesaid four occasions without a permit. In the Appeal, the first respondent has agreed with the view taken by the second respondent and dismissed the Appeal.