M MADHAVAN NAIR Vs. P E VARKEY

JUDGEMENT

(1.) In and by the judgment dated 18-3-1983 in MVAA No. 8 of 1983, a true copy of which is marked Ext. P6, the 4th respondent, the State Transport Appellate Tribunal, Ernakulam, granted a temporary permit on the route Karuvarakundu - Trichur Via. Thuvur, Pandikkad, Perintalmanna, Pattambi and Kunnamkulam (Vide Ext. P1 rough sketch) for a period of four months to the 1st respondent, setting aside the relevant proceedings dated 21-12-1982 of the 3rd respondent, the Regional Transport Authority, Malappuram, a true copy of which is marked Ext. P2, whereunder the permit was ordered to be granted to the petitioner. In Ext. P2 proceedings of the 3rd respondent the petitioner and the 1st respondent respectively were shown as applicants Nos. 1 and 4; there were two other applicants also. The decision of the 3rd respondent as stated in Ext. P2 reads as follows:

(2.) It might be noted that under Sub-r.(4) of R.177A of the Kerala Motor Vehicles Rules, 1961 (the Rules) the maximum number of marks an applicant would earn under the head 'sector qualification' is 4, and that is the mark that has been given by the 3rd respondent to each (to the petitioner and to the 1st respondent).

(3.) There is no dispute that the sector qualification in respect of the 1st respondent extends only to 88 kms. on the 104 kilometre route. The correctness of the assumption of the 3rd respondent that the petitioner was having "the full sector (104 K.M.) sector is, however, contested by the 1st respondent. There appears to have been contest on that point before the 4th respondent also, as is evident from what is stated in Para.7 of Ext. P6 judgment. The counsel for the petitioner did not dispute the correctness of the assertion by the counsel for the 1st respondent that on the date on which the subject matter came up for consideration before the 3rd respondent, the distance covered by his (petitioner's) stage carriage did not exceed 88 Kms. on the route with respect to which the temporary permit was granted under Ext. P2. Though his stage carriage KRE 8047 was having a pucca permit on the route Paloorkotta - Vazhikkadavu via. Perintalmanna - Thuvur, Karuvarakundu and Nilambur he applied to and obtained from the 3rd respondent a temporary variation of the route so as to read it to be "Vazhikkadavu - Guruvayoor via. Nilambur, Wandoor, Pandikka, Perintalmanna, Pattambi and Kunnamkulam" with effect from 3-12-1980 (omitting the sector Pandikkad, Karuvarakundu, Kalikavu and Nilambur on the present route). When his application for permanent variation was rejected subsequently, he preferred M.V.A.R.P. No. 198 of 1982 before the 4th respondent; and in M.P. No. 1216 of 1982 he got an interim direction allowing the stage carriage to ply on the route, as temporarily varied, leaving out as before a portion of the sector covered by the pucca permit granted (which is also included in the route for which a temporary permit was granted under Ext. P2 to the petitioner subsequently). Para.3 of the counter affidavit filed by the 1st respondent reads as follows;