BALAN Vs. S T AT ERNAKULAM

JUDGEMENT

(1.) The question for consideration in this original petition is simple: Whether Regional Transport Authority (for short 'the Transport Authority') has power to fix places for a stage carriage to stop en route.

(2.) Petitioner has a regular stage carriage permit to operate bus service on a long distance route (Kozhikode-Palakkad). A permit was granted under S.72 of the Motor Vehicles Act,1988 (for short "the new Act"). After conducting bus service for some time, he filed an application before the Transport Authority concerned for refixation of the places to stop the bus on the route. He expressed the desire to conduct "a limited stop service". The Transport Authority rejected the application expressing the fear that allowing such application "will open the flood gates of applications and other applicants in those routes and it will not be possible to reject any application for such conversion in those routes and the entire traffic will become drastic and beyond control". Interest of the travelling public to alight from and board the bus at intermediate stops also weighed with the Transport Authority in rejecting the application. Petitioner challenged the order before the State Transport Appellate Tribunal (for short 'the Tribunal'). By Ext. P3 judgment the Tribunal disagreed with the Transport Authority and suggested further that stops should be limited to 30 to 35 in view of the length of the route. Secretary of the Transport Authority was given freedom to select the places where the bus shall stop "by taking into consideration the travelling needs of the public along this route". However, the Tribunal put a rider that "if the permit has been granted under the new Act, the permit holder need not be allowed to convert his service from ordinary to any other nature, since he must have been given permit for a service as he opted, desired and wanted".

(3.) The practical consequence of providing the said rider is to negative what petitioner pleaded for in the Tribunal and that which the Tribunal accepted substantially because petitioner's permit to operate stage carriage service on the route Kozhikode-Palakkad was issued under the provisions of the new Act.