JOSHY RAPHEAL Vs. R T O ERNAKULAM

JUDGEMENT

(1.) THE narrow stretch of land from Vypin to Munambam is a peninsula surrounded by back waters except an isthmus by which the area is joined with the main land. THE density of population in this area is probably one of the thickest in India . (2268 persons per sq. km. Kerala's average density is 655 persons per sq. km. ). It has only one motorable road starting from one end of the peninsula with its terminus on the other end having a distance of 26 Kms. THE result is a high pressure traffic over a limited infrastructure. Out of the 76 stage carriages plying on the road, 63 are operated by private individuals and 13 are conducted by the Kerala State Road Transport Corporation.

(2.) PETITIONERS applied for stage carriage permits on routes covering different sectors of this peninsula. But the Regional Transport authority (for short 'the Transport authority') rejected the applications solely on the ground that no fresh permits can be issued on the route between vypin and Munambam based on the recommendations of NATPAC (which is an acronym developed from the first letters of National Transportation Planning and research Center ). PETITIONERS filed appeals before the State Transport Appellate Tribunal (for short' the Appellate tribunal' ). As one of the applicants got permit granted only up to Cherai (since concurrence was not granted by a sister Transport Authority for the route beyond the said point) he filed a revision before the Appellate Tribunal. By a common judgment, the appeals and revision were disposed of. Appellate tribunal concurred with the reasoning of the Transport Authority that in the light of recommendations of NATPAC no fresh permit can be granted on the said route. The Original Petitions are in challenge of the orders of the Transport authority as well as the common judgment of the Appellate Tribunal dismissing the appeals and revision.

(3.) S. 71 of the Act deals with the procedure for considering application for stage carriage permit. The provision contains two restrictions against granting permits. Sub-section (2) says that a Transport authority shall refuse to grant permit if the timetable furnished by the applicant is likely to cause contravention of provisions of the Act relating to speed. Sub-section (3) says that the State Government can direct the Transport authority to limit the number of stage carriages generally or of any specified type operating on city routes. Sub-section (4) contains another restriction that the Transport Authority shall not grant more than five stage carriage permits to any individual or more than ten stage carriage permits to any company. The contention is that no application can be rejected except on the grounds mentioned in S. 71 of the Act.