PREMKUMAR Vs. R T A TRICHUR

JUDGEMENT

(1.) Facts stated in these Original Petitions would show that applications of the petitioners for regular permits, were rejected by the R.T.A. on the ground of diesel crisis' one of the concomitants brought about by the Gulf War. The State Transport Appellate Tribunal before which these orders were challenged, was of the view that the ground stated by the R.T.A. to reject the applications, namely diesel crisis is not a legal one and consequently the orders were set aside and the petitions were remanded to the R.T.A. for fresh consideration. That common judgment of the S.T.A.T. is under challenge.

(2.) The question as to whether the ground diesel crisis' based on which the R.T.A. rejected the applications, is a legal ground, no more is a moot is a moot question in view of the judgment in O.P. No.262/1991 and connected cases. Another incidental question however arises and it is this: Are the aggrieved parties entitled to get an opportunity to explain the circumstances warranting issuance of permits, ignoring the above ground

(3.) The answer to this question depends upon the construction or the second proviso to S.80 (2) of the Motor Vehicles Act 1988 for short The Act. I shall read the proviso now. "Provided further that where a Regional Transport Authority refuses an application For the grant of a permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter.