KUNHABDULLA Vs. SECRETARY RTO KOZHIKODE

JUDGEMENT

(1.) This appeal is against the judgment of a learned Judge of this Court dismissing in limini O.P. No. 5339 of 1972 which sought to quash Exts. P-1 to P-3 orders, suspending the contract carriage permit held by the petitioner appellant, in respect of the vehicle K. L. R.4502 for three different and distinct contraventions. The learned Judge was of the opinion that the appellant had been afforded a sufficient opportunity before the impugned orders were passed. He rejected the contention that S.60 of the Motor Vehicles Act, conferred an arbitrary and uncanalised power on the Transport Authority to cancel or suspend a permit, without furnishing any guidance as to when action has to be taken under R.161 of the Kerala Motor Vehicles Rules, which permits the Secretary, Regional Transport Authority, to deal with cases of suspension alone.

(2.) Before us, counsel for the appellant relied on a Division Bench ruling of the Madras High Court id Batcha Saheb v. Secretary, Regional Transport Authority, North Arcot at Vellore and another AIR 1969 Mad. 223 which held sub clause (xi) of R.134-A of the Madras Motor Vehicles Rules practically identically worded as R.161 of the Kerala Rules, as violative of Art.14 of the Constitution. The argument advanced to strike down the rule is thus noticed in the judgment:

(3.) With respect, we regret our inability to agree. S.44(5) of the Motor Vehicles Act reads: