P MOHAMMED Vs. REGIONAL TRANSPORT AUTHORITY MALAPPURAM

JUDGEMENT

(1.) Petitioner challenges the conditions in Ext. P1 order issued by the Regional Transport Authority, Malappuram. The offensive conditions, according to him, are that he should not curtail any portion of the route or apply for another route curtailing/ varying any portion of the route already granted and that the permit would stand automatically cancelled as and when the vehicle causes an accident. Contention of the petitioner is that the Regional Transport Authority (first respondent) has no jurisdiction to impose such conditions.

(2.) The short question that arises for consideration is whether the first respondent is vested with jurisdiction to impose the aforesaid conditions.

(3.) S.84 of the Motor Vehicles Act enumerates the general conditions attaching to all permits. S.84 empowers the transport authority which granted a permit to cancel or suspend it for particular periods as it thinks fit on conditions enumerated thereunder. S.71 provides for the procedure of the Regional Transport Authority in considering the applications for stage carriage permit. S.72 provides that subject to the provisions of S.71 a Regional Transport Authority may, on an application made to it under S.70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit. Sub-section (2) provides that the Regional Transport Authority if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under the Act, attach to the permit the conditions enumerated thereunder. The conditions enumerated under S.72(2) do not empower the Regional Transport Authority to impose the aforementioned conditions while granting the permit. Of course, it is open to the Regional Transport Authority to vary the conditions of the permit or attach to the permit further conditions. The authority is given that power under S.72(2)(xxii). This can be done after giving notice of not less than one month to the party concerned. This does not mean that the Regional Transport Authority can impose conditions other than those mentioned under S.72(2). If the Regional Transport Authority is of opinion that the conditions imposed in the permit are not sufficient and if it wants to include further conditions enumerated under sub-section (2) of S.72, it can do so after giving notice to the party. In other words, further conditions that can be attached to the permit can only be those enumerated under sub-section (2) and not any condition of its choice and outside the purview of sub-section (2). The conditions imposed by the first respondent do fall outside those enumerated under sub-section (2). It goes without saying that the first respondent lacked jurisdiction to impose the aforementioned conditions in the permit.