ABOOBACKER Vs. R T A

JUDGEMENT

(1.) THE point that arises for decision in these Writ petitions is whether it is mandatory to furnish the details of the vehicle, at the time of considering the application for a regular permit.

(2.) W. P. (C ). No. 29731/2004: The petitioner submitted an application for grant of a regular permit on the route, Parappanangadi --Malappuram. He did not have a ready vehicle. So, in the application form, it was stated that the particulars of a suitable stage carriage will be furnished later. For the purpose of operating the service on the above route, the petitioner purchased a vehicle on 23. 3. 2004. Temporary registration was obtained for it on the very same day. While the body construction of the vehicle was going on, the 1st respondent R. T. A. , Malappuram considered his application on 25. 3. 2004. Though, there was no objection to the grant of the permit from any quarters, the R. T. A. by Ext. P3 decision, rejected it. The relevant portion of the decision reads as follows: heard. The current records of the offered vehicle as required, in view of judgment dated 13. 6. 03 of Hon ble High Court of Kerala in w. P. (C ). No. 16171/03, are not produced. Moreover, the entire route is well served by stage carriages with little time gap. Hence rejected .

(3.) R. 143 of the Kerala Motor Vehicles Rules, 1989 says that the application for a stage carriage permit shall be in Form P. St. S. A. Interpreting the said form in the above decision, this Court held that it was not mandatory to mention the particulars of the vehicle, in the application form.