MAMU HAJI Vs. CHAIRMAN REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Petitioner in O. P. 91/1993 is the appellant. In the Original Petition he challenged the grant of temporary permit for four months to the 4th respondent on the route Kalikavue-Manjeri, by the Chairman, R.T.A., Malappuram.

(2.) Writ petitioner is an existing operator on the route Nilambur Manjeri (via) Kalikavue. The temporary permit granted to the 4th respondent was with a set of timings, which clashes with the timings of his vehicle. The common sector of the two permits, namely Manjeri to Kalikavue, has a distance of 40 kms. The clash of timings, it is alleged, virtually ruins his service and that the time schedule of the 4th respondent's vehicle was settled without affording him any opportunity to put forward his objection. Writ petitioner also raised a contention that the Chairman of the Regional Transport Authority by himself was not competent to exercise the jurisdiction of the authority and that the grant of the temporary permit by the Chairman is illegal.

(3.) Government of Kerala, by notification S.R.O. 1619/91, re-constituted Regional Transport Authorities in the State by constituting the District Collector concerned of the region as its sole member. By this notification, issued in G. O. (P) 91/91/PW and T, dated 30th December 1991, District Collector of the concerned district is the sole member of the Regional Transport Authority for that district. As the sole member, the District Collector can exercise jurisdiction of the Regional Transport Authority. Therefore, the contention raised by the writ petitioner that the Collector, Malappuram was not authorised to grant temporary permit to the 4th respondent cannot hold good.