C M CHANDRAMATHY Vs. KASARAGOD BUS TRANSPORT CO

JUDGEMENT

(1.) The petitioner is a stage carriage operator. In this O. P. she seeks to quash Ext. P-10 judgment passed by the 5th respondent, the State Transport Appellate Tribunal, Eruakulam dated 19-5-1983. The 4th respondent-Regional Transport Authority, Cannanore-considered the grant of two regular permits to operate on the route --Cannanore New Bus Stand -Talappedy S. B. Via: Teliparamba, Payyanur, Karivallur, Kanhangad, Bekal Bridge, Kalnad Paravandukkom, Chattanchal, Kasaragod and Kumbala -- for a period of three years from the date of issue. By Ext. P-1 order dated 4-4-1983, the 4th respondent granted one permit to the petitioner herein and another permit to the 2nd respondent herein. The 1st respondent herein and another applicant (applicant No. 4 before the R. T. A.) filed appeals as M. V. A. A. Nos. 102 of 1983 and 145 of 1983. The petitioner figured as common 4th respondent in both the appeals. The 5th respondent-Appellate Tribunal by a common judgment, Ext. P-10, affirmed Ext. P-1 order to the extent of the grant of one permit in favour of applicant No. 1, who figured as common 3rd respondent before the Appellate Authority. But in the appeal filed by applicant No. 3, the 5th respondent set aside the grant of permit in favour of the common 4th respondent therein (the petitioner) and granted the permit to the appellant in M. V. A. A. No. 102 of 1983 (1st respondent in the O. P.) with reference to his vehicle, KLN 9229 or still a later model vehicle. Applicant No. 2 before the R. T. A. and the common 4th respondent in both appeals -- M.V.A.A, 102 and 145 of 1983 -- is the petitioner herein. In this O. P. the petitioner impugns Ext. P-10, appellate order, to the extent, the appellate authority set aside the order of the 4th respondent granting the permit to the petitioner and in granting the permit to the 1st respondent in the O. P.

(2.) Five persons applied for the grant of permits to operate in the above route, Cannanore Bus Stand -- Kumbla. They were (1) T. K. Kunhikrishnan, (2) Smt. M. Chandramathi, (3) Kasargod Bus Transport Co., (4) Sri T. T. Narayanan, and (5) Mg. Partner, Bharath Motor Service. The matter was considered as item No. 1 by the 4th respondent on 4-4-1983. The decision of the 4th respondent to grant the two permits to applicants Nos. 1 and 2 (T. K. Kunhikrishnan and Smt. M. Chandramathi) is to the following effect: "Heard the applicants 1 to 5. This is a long_route. Marks are awarded -- All get five marks each no. 3 is having a pucca permit on the almost identical route. No. 4 has already 4 pucca permits. Applicant No. 2 has offered a 1983 model vehicle of (if)? the permit is granted. No. 5 has not produced any permit less certificate for the vehicle offered by him, which is already included in Mangalore District (CNG 4767) and it is 1981 model vehicle also. No. 1 has offered KRC 1069 a 1982 model vehicle. Hence applicants 1 and 2 are preferred in public interest and one permit is granted to each. The other applications are rejected."

(3.) From the aforesaid order, Ext. P-1, applicants Nos. 3 and 4 filed M.V.A.A. 102 and 145 of 1983 respectively before the 5th respondent. The 5th respondent, State Transport Appellate Tribunal, held as follows in para 3 of Ext. P-10 :