SURESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER K.T. Sureshan applied for four months temporary permit on the route Chaliam-Providence College a city permit as notified by the RTA, Kozhikode in the vacancy of stage carriage bearing Reg. No. KLZ 9659, having a valid regular permit till 16th June, 2000. The permit holder had not renewed the permit and hence there was vacancy for conducting service as a substitute one. Another operator also had applied for four months temporary permit on the above route. Both the applications were rejected by the RTA, Kozhikode as per Ext. P1 proceedings, dated 6th February 2001 holding that as per S.R.0.891/2000 the number of stage carriages in Kozhikode city had been limited to 400 and the above number of regular permits had already been exhausted. The petitioner filed this Original Petition challenging Ext. P-3 notification, i.e., S.R.O. 891/2000 issued by the Government under Section 71(3) of the Motor Vehicles Act (hereinafter referred to as 'the Act') limiting the number of permits, as ultra vires the provisions of Section 71(3)(a), (b) and (c) of the Act. It was further contended that the reservation of 40 permits in favour of the State Transport Undertaking was without jurisdiction and as such the above reservation was also liable to be quashed. Later, an additional prayer was made for quashing Ext. P2 notification stating that Ext.P3 notification was issued modifying Ext. P2 notification, i.e., S.R.O. 278/93, issued by the Government under Section 71(3) of the Act.

(2.) PETITIONER , one K.P. Ajith Kumar, filed an application for the grant of regular permit to operate on the route Meenchanda, Medical College, Feroke College (via) Civil Station and Malaparamba. Earlier, the third respondent, Ex-servicemen Cooperative Society was operating on the above said route and they had defaulted. The petitioner applied for regular permit with the same set of timings and initially the application was rejected by the RTA on 13th November, 2000 by Ext. P4 order. The petitioner challenged Ext. P4 order before the STAT in MVAA No. 437/2000 and the Tribunal by Ext. P5 order set aside Ext.P4 order of the RTA and held that the petitioner was entitled to the grant of permit. The matter was again placed.-before the RTA on 2nd March, 2001 and the application was again rejected by Ext. P6 order holding that the number of permits had been limited to 700 in the city of Kochi as per notification SRO 891/2000 and the number has already exhausted. The above order was challenged before the STAT in MVVAA No. 223/2001. By Ext. P9 order the STAT partly allowed the appeal. Aggrieved by the above order the petitioner filed this Original Petition for quashing Ext.P6 order of the RTA, Exts. P7 and P8 notifications (SRO 278/1993 and 891/2000 respectively) issued by the Government under Section 71(3) of the Act and also for quashing Ext.P9 order of the STAT.

(3.) THE additional fourth respondent, the K.S.R.T.C. also filed a counter raising identical contentions as those raised by the first respondent State and prayed that the Original Petition is liable to be dismissed;