KRISHNAN Vs. R T O PALGHAT

JUDGEMENT

(1.) Petitioner in O.P. No. 6618 of 1991 being aggrieved by the dismissal of the petition has filed the writ appeal.

(2.) Appellant herein applied for regular permit on the Chalissery-Palakkad route. That was granted to him on 8-5-1990. On 11-5-1990 he applied to the Regional Transport Authority for extension of permit from Chalissery to Guruvayur, a distance of 19 kms. The R.T.A. dismissed his application under Ext. P1 stating that the Authority was not convinced about the circumstances warranting extension. His appeal before the S.T.A.T. was dismissed under Ext. P5. The Tribunal took the view that there was nothing to show that between the date of issue of the regular permit and the date of application for extension, transport requirements of the sector have changed or that these requirements have been overlooked earlier. The Tribunal also took the view that the mere fact that the extension would be beneficial to pilgrims who go to Guruvayur temple cannot be the sole reason to recommend extension since at best that would be only a ground to allow separate permit in such a sector. The Tribunal also commented on the fact that though it was open to him to originally ask for a regular permit from Palakkad to Guruvayur, he had asked for permit only from Palakkad to Chalissery and no new circumstances within the meaning of R.145 (6) of the Kerala Motor Vehicles Rules had been presented. This judgment was challenged unsuccessfully in the original petition.

(3.) The basic facts are that on 8-5-1990 appellant was granted regular permit for the route Palakkad to Chalissery, on 11-5-1990 he applied for extension of the permit from Chalissery to Guruvayur, a distance of 19 kms. and that has been rejected concurrently by the statutory authorities as well as the learned single Judge