ABDUL RASHEED Vs. SECRETARY R T A PALAKKAD

JUDGEMENT

(1.) The orders under challenge in these petitions contain a prohibitory direction restraining the Secretary, Regional Transport Authority from issuing the permits on account of, what is called, "the diesel crisis". The counsel for the petitioners submit that there is no provision in the Motor Vehicles Act, 1988, for short, The Act, empowering the Regional Transport Authorities to issue such a direction.

(2.) The learned Government Pleader on the other hand, contends that the Gulf war in its trail has brought about the diesel crisis' and unless the distribution of this petroleum product is restricted, and such restriction could be had only by stopping the issue of new permits and also imposing restrictions on the sale of this petroleum product, a time would come when this petroleum product may not be available at all.

(3.) It can be seen from these competing contentions that a question of public importance namely, whether the R.T. A. has the power to defer the issuance of a permit on the ground of 'diesel crisis', arises for consideration in these petitions.