D.V. NAMBUDIRIPAD Vs. S.T.A.T.

JUDGEMENT

(1.) The common question that arises in all these three Original Petitions, is as to whether the State Transport Appellate Tribunal, functioning under S.64 of the Motor Vehicles Act, has got powers vested in it to remand the matter for fresh disposal to the subordinate authority. The question arises in all these matters in this way.

(2.) OP Nos. 313 and 317/58 arise out of applications filed by the respective petitioners for the grant of permits regarding the route -- West Hill - Mankavu Ferry. Applicant No. 11 is the writ petitioner in O. P. 313/58 and applicant No. 3 is the writ petitioner in O. P. 317/58. The notification issued by the Regional Transport Authority was for the grant of two permits on this route in question. The R. T. A. granted the permits in favour of the two writ petitioners and there were appeals filed against that order by the disappointed applicants to the State Transport Appellate Tribunal. The S. T. A. T. by its final order, has ultimately remanded the appeals filed by those parties for fresh disposal in the light of the various observations made in that order itself.

(3.) Again O. P. 314/58 is by applicant No. 4 in respect of another route namely, Calicut - Beypore. There also applicant No. 4 was issued a permit by the R. T. A. and that grant was set aside on appeal by the S. T. A. T., who has remanded the matter for fresh disposal by the R. T. A., on the basis of the various directions and observations contained in the judgment.