P I SCARIA Vs. A K PAULOSE

JUDGEMENT

(1.) This appeal is against the judgment of the learned Judge, granting a petition under Art.226 and vacating the permit given to the appellant. The facts culminating in this appeal can be shortly stated, which are that the appellant as well as other persona had asked for a stage carriage permit on Neduvakad-Moovatupuzha route via Paingattoor and Kalampoor. The Road Traffic Authority, Kottayam, had, by order of May 1, 1956 granted the appellant the permit on the following grounds:-

(2.) The other applicants appealed; and among these was the proprietor of A.K.P. Motor Service. The Tribunal sustained the permit in favour of the appellant, and against that Order O.P. 465/57 was filed in this court. The learned Judge hearing the petition allowed it and passed the following order:-

(3.) After the remand the Appellate Tribunal has again dismissed the appeal affirming the permit in favour of the appellant, and there against O.P. 416/58 was filed in this Court by the proprietor of A.K.P. Motor Service, Kothainangalam, impleading the State of Kerala, the Road Transport Authority, and the appellant as the three respondents. The learned Judge hearing the petition has held part of the grounds, on which the permit been granted to be irrelevant, the basis of the permit to have been vitiated due to the irrelevant being intrinsically mixed with the relevant, and that the permit should be set aside. The present appeal is against the aforesaid order, and the Appellants Advocate has taken these three grounds against the order vacating the permit.