ELIAZ MATHAL Vs. REGIONAL TRANSPORT AUTHORITY MALAPPURAM

JUDGEMENT

(1.) Sri. C.P. Mohammedali (the third respondent in OP 9605/2002) filed an application before the first respondent, R.T.A., Malappuram for the grant of regular permit in respect of his stage carriage to operate on the inter district route Kondotty - Palakkad as LSOS subject to counter signature of the R.T.A., Palakkad. By the proceedings dated 9.7.2001, the R.T.A., Malappuram (the first respondent) rejected the above application holding that the main focus of operation of the vehicle was in between Mannarkkad and Palakkad in Palakkad District and as such the first respondent had no jurisdiction to grant the permit. The above order was challenged by Sri. C.P. Mohammedali before the S.T.A.T. in M.V.A.A. No. 665/2001. By Ext. P7 order dated 15.11.2001 the S.T.A.T. allowed the appeal and directed the first respondent to consider the application for regular permit afresh. The petitioners, who are two existing stage carriage operators, filed O.P. No. 9605/2002 before this Court for quashing Ext. P7 order of the S.T.A.T. In pursuance to Ext. P7 order of the S.T.A.T., regular permit was granted to Sri. C.P. Mohammedali by the proceedings of the first respondent dated 22.3.2002. Petitioners in O.P. 9605/2002 challenged the above grant by filing O.P. No. 13846/2002 before this Court.

(2.) Heard the learned counsel for the petitioners, the learned counsel for Sri. C.P. Mohemmadali (hereinafter referred to as the third respondent) and the learned Government Pleader.

(3.) The third respondent filed an application for the grant of regular permit before the first respondent to operate his vehicle on the inter district route Kondotty - Palakkad as LSOS. The route covers 121 kms out of which 63.5 km lies in Malappuram District from Kondotty to Unniyal and the balance portion of 57.5 km from Unniyal to Palakkad lies in Palakkad District. But, as per the time schedule proposed by the third respondent, the operation of the vehicle was mainly confined to day time between Palakkad and Mannarkkad, within Palakkad District, a distance of nearly 40 km and the early morning trip and last evening trip would touch Kondotty in Malappuram District. The first respondent had taken the view that the application should be filed before the authority within whose jurisdiction the main focus of operation was, though the route length was slightly more in Malappuram District. Sri. C.P. Mohammedali challenged the above order before the S.T.A.T. and the S.T.A.T. took the view that the application should be filed before the authority within whose jurisdiction the route length was more. Accordingly, the S.T.A.T. directed the first respondent to decide the matter afresh.