MANAGING DIRECTOR Vs. SECRETARY RTA

JUDGEMENT

(1.) HEARD learned Standing Counsel for the appellant- Corporation Sri.Babu Joseph Kuruvathazha and also learned counsel representing the second respondent Sri.K.V.Gopinathan Nair.

(2.) THE entire issue revolves round a notified route between Kumily-Ernakulam-via-Kottayam. It is not in dispute that the party respondent was also a stage carriage operator running his buses on this route. It is also not in dispute that after being successful in getting a direction to consider the application of the party respondent for issuing a permit to ply on the above route, he got a regular permit to operate on this notified route, which was the subject matter of challenge in W.P(C).No. 3217 of 2012. During the pendency of the said Writ Petition, second respondent-writ petitioner sought for a direction to the transport authorities to consider his application for temporary permit on this route, as there was stay of issue of regular permit. The said interim direction was the subject matter of challenge in W.A.No.502 of 2012. The Writ Appeal came to be disposed of with some directions. After disposal of the Writ Appeal, the temporary permit already granted had expired. Therefore, when the writ petitioner was unsuccessful in getting temporary permit, he approached the learned Single Judge in W.P(C).No.15631 of 2012. The said matter was contested by Corporation as noted from the judgment of the learned Single Judge dated 5.7.2012. The Writ Petition was allowed in favour of the writ petitioner, directing the first respondent authority to issue a temporary permit to the petitioner in pursuance of Exhibit P9 within one week. On perusal of the judgment of the learned Single Judge, we note, after referring to the special provision for issuance of temporary permits as enumerated under Section 87(2) of the Motor Vehicles Act, 1988, the learned Judge disposed of the Writ Petition. Aggrieved by the same, the Corporation is before us contending that by virtue of Section 104 of the Motor Vehicle Act, which overrides the effect of Sub-section (2) of Section 87, the learned Single Judge ought not to have allowed the Writ Petition directing issuance of temporary permit.