POULOSE Vs. R T A TRICHUR

JUDGEMENT

(1.) Though these two writ petitions are seen to have been filed by different persons inasmuch as the notification dated 30-9-1981 inviting applications for the grant of temporary permit on the route Trichur-Peechi issued by the 1st respondent, R. T. A., Trichur (marked as Ext. P-1) under challenge in O. P. No. 5320 of 1981, is under challenge in O. P. No. 5790 of 1981 also, they were heard together and are being disposed of by this common judgment. In O. P. No. 5790 of 1981 not only the notification dated 30-9-1981 issued by the 1st respondent R. T. A., marked as Ext. P-2 (marked as Ext. P-1 in O. P. No. 5320 of 1981), but also Ext. P-3 notification dated 27-10-1981 issued by the 1st respondent inviting applications for the grant of temporary permits on the route Ayyanthole-Peechi and Ext. P-4 order of the 2nd respondent, the Secretary, R. T. A., Trichur, granting a temporary permit to each of respondents 3 and 4 for operating service on the route Peechi-Ayyanthole for 20 days are under challenge.

(2.) The reference to exhibits in this judgment is as marked in O. P. No. 5790 of 1981 the decision in which would dispose of O P. No 5320 of 1981 also. The validity of Exts P-2 and P-3 notifications is questioned mainly on two grounds: (1) it was without observing the formalities required under S.47(3) of the Motor Vehicles Act, 1939, (the Act) that the notifications had been issued; and (2) it was without hearing interested persons like the petitioners who were likely to be affected by the grant of the permit that the question of the existence of temporary need had been decided by the 1st respondent R. T. A. Besides these two common grounds a further ground raised to attack Ext. P-3 is that it had been issued to circumvent the effect of the order passed by this Court staying the operation of Ext. P-2 notification. Ext. P-4 order is attacked on the ground that the order for the issue of permits was arbitrary and was made only to circumvent the order of stay passed by this Court in O. P. No 5320 of 1981.

(3.) S.47(3) of the Act reads as follows:-