P.K. SHAMSUDIN Vs. CHAIRPERSON

JUDGEMENT

(1.) PETITIONER , who is a stage carriage operator conducting services on the strength of the regular permit granted to him in respect of his stage carriage bearing Reg. No. KBR 585 oft the route Vadekkencherry -Shornur, filed this petition for quashing Exhibit P2 proceedings of the second respondent, Secretary, RTA, Palakkad granting temporary permit for four months to the third respondent in respect of his stage carriage bearing Reg. No. KL -9/J 7834 on the inter -district route Vadekkencherry -Pazhayannur and also the issue of the temporary permit with a set of timings. The only question for consideration is whether the Secretary, RTA is competent to grant a temporary permit for four months on an inter -district route.

(2.) THE third respondent filed a counter contending that the second respondent was fully competent to issue a temporary permit on an inter -district route on the strength of the delegated powers under Rule 133 of the Kerala Motor Vehicles Rules (hereinafter referred to as 'the Rules') and as such the grant of temporary permit by the Secretary, RTA was valid and in accordance with law.

(3.) ADMITTEDLY , as per Exhibit P2 proceedings dated 19.11.2001, the Secretary, RTA, Palakkad granted and issued temporary permit for four months to the third respondent to operate his stage carriage KL -9/J 7834 on the inter -district route Vadekkencherry -Pazhayannur subject to counter signature of RTA, Thrissur. The learned Counsel for the petitioner submitted that the Secretary, RTA was not competent to grant temporary permit in respect of an inter -district route and hence the grant was illegal. The learned Counsel for the third respondent submitted that under the delegated powers, the Secretary, RTA was fully competent to grant and issue temporary permit even on inter -district route. Rule 133 of the Rules deals with the delegation of powers of the RTA to the Secretary. Clause (j) of Sub -Rule 1 of Rule 133 of the Rules says that the power under Section 87 of the Kerala Motor Vehicles Act (hereinafter referred to as 'the Act') to grant or refuse a temporary permit can be delegated to the Secretary and Clause (m) says that the power under Section 88(7) of the Act regarding the grant of permit in an inter -district route also can be delegated. Section 87 of the Act deals with the grant of temporary permits for a maximum period of four months. Sub -section 1 of Section 88 says that except, as may be prescribed, a permit granted by one Regional Transport Authority of one region shall not be valid in any other region unless the permit had been counter -signed by the RTA of the other region. But, if there was prior concurrence, the permit shall be valid under Sub -section 7 of Section 88 of the Act. Sub -section 7 of Section 88 of the Act reads: