VIJAYAKUMAR Vs. R T O TRICHUR

JUDGEMENT

(1.) Heard counsel for the petitioner and the learned Government Pleader on behalf of the respondent.

(2.) Under the proceedings Ext. P1, the petitioner was granted a permit on the route Chavakkad-Thrissur. The vehicle offered by the petitioner was KL-8/B 4747 or a suitable vehicle. It appears that the petitioner had also applied for the grant of a permit on the route Thrissur-Guruvayur. In the said application also the petitioner had offered the vehicle KL-8/B 4747 or a suitable vehicle. The petitioner's case is that both the permits were granted and the petitioner got the permit issued for the route Thrissur -Guruvayur by offering the vehicle KL-8/B 4747 and the petitioner is operating on the route with the said bus.

(3.) Pursuant to Ext. P1 granted on the route Chavakkad - Thrissur, the petitioner could not offer the vehicle KL-8/B 4747. The petitioner therefore made an application Ext. P2 pointing out that the vehicle KL-8/B 4747 has been put on the route Thrissur-Guruvayur and that he may be permitted to put the bus KRH 900 on the route and the permit may be granted in respect of that bus. He also made a request that the maximum time allowable under law may be granted for production of the current records of the vehicle KRH 900 for issuing the permit pursuant to Ext. P1 grant. Subsequently on 26-11-1993 the petitioner made an application Ext. P3 submitting that he was producing the current records of KRH 900 and praying that the permit granted under Ext. P1 may be issued to the petitioner in respect of KRH 900. It has to be noted here that the grant under Ext. P1 was on 4-9-1993, the application Ext. P2 was made on 8-11-1993 and the application Ext. P3 was made on 26-11-1993. It can also be noted that while making the grant under Ext. P1, the Regional Transport Authority also directed the petitioner to produce the current records of the vehicle within one month from the date of sanction of that order and said that on failure to do so, the sanction is liable to be revoked. This direction by the Regional Transport Authority was obviously in terms of R.159(2) of the Kerala Motor Vehicles Rules'.