BENNY MATHEW Vs. ALEXANDER JOSEPH

JUDGEMENT

(1.) The common question arising in both these O.Ps. is whether a regular permit to a stage carriage to operate on an inter district route can be renewed when the conditions imposed in the permit had not been complied with within the period of its validity.

(2.) Regular permit to operate on the inter district route Kayamkulam - Udayagiri was granted to one Philip Zachariah in respect of his stage carriage by the R.T.A., Kannur. The route Kayamkulam - Udayagiri was a long distance inter - district route traversing the districts of Alappuzha, Kottayam, Ernakulam, Thrissur, Malappuram, Kozhikode and Kannur and the permit was issued subject to counter signature of all the sister R.T.As., and was valid upto 24th February 2001. The permit holder did not obtain counter signature from all the sister R.T.As., and he was not operating. In 1997 the permit was transferred in the name of Sri Alexander Joseph, the 1st respondent in O.P. 14683/02, and the vehicle also had been replaced. The 1st respondent operated the vehicle without obtaining counter signature from all the sister R.T.As., and certain charge sheets also were laid against him for operation without counter signature and he got the offences compounded. When he filed the application for renewal of the permit, the R.T.A., Kannur rejected the same holding that the counter signature was not obtained from the sister R.T.As. for the earlier permit, that no concurrence was . obtained for the renewal from the sister R.T.As. and that offences also had been detected for operation without counter signature. The 1st respondent challenged the - above order before the STAT in M.V.A.A. 738/2001. The STAT passed an interim direction under S.214(2) of the Motor Vehicles Act and thereafter reversed the order of the R.T.A. and directed reconsideration giving certain directions. The above order is under challenge in O.P. 14683/2002.

(3.) Inter district permit was granted by the R.T.A., Kannur, to one Sarada in respect of her stage carriage on the long distance route Kudiyanmala - Manimala traversing the districts Kannur, Kozhikode, Thrissur, Ernakulam and Kottayam subject to counter signature of the sister R.T.As. and the permit was valid upto 27th July 2000. The permit was transferred to Sri T.P. Asootty, the 1st respondent in O.P. 21786/02, and he was operating on the route without obtaining counter signature from the sister authorities. On 15th November 1999 the 1st respondent filed an application for renewal of the permit. The R.T.A., Kannur, rejected the application on the ground that the original permit was never validated by obtaining counter signature from the sister authorities. Aggrieved by the above order, the 1st respondent filed M.V.A.A. 653/2001 before the STAT. The STAT issued an interim direction under S.214(2) of the Act and thereafter allowed the appeal, set aside the order of the R.T.A. and remanded the matter for fresh consideration giving certain directions. The above order is under challenge before this Court in O.P. 21786/02.