A. SUMATHY Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner herein was the registered owner of bus No.KL -09/M -7454, which was covered by a regular stage carriage permit to operate on the inter -District route, Mannarkkad -Thrissur and the same was valid up to 15.01.2013. The petitioner filed an application for a temporary permit in respect of KL -13/P -8719, to operate on the aforesaid route in the vacancy of a former permit, in respect of bus No.KL -09/M -7454, which was issued with a clearance certificate on 15.10.2012, keeping its regular permit, R.P. No.9/304/2005 under suspended animation, as per the order of the State Appellate Tribunal, Ernakulam.

(2.) Earlier, the Regional Transport Authority, Palakkad in its decision in item No.63 had rejected the application, for renewal of permit in respect of the above stage carriage (KL -09/M -7454) stating that the vehicle covering permit was issued with a clearance certificate on 15.10.2012, but, the applicant had not applied for replacement offering a suitable vehicle, within the valid period of the permit, or even at the time of consideration of that application. In the meantime, the permit had expired and became invalid on account of non - replacement of the vehicle and hence, it was not renewed.

(3.) That apart, in a similar case, the RTA Palakkad, by order dated 12.02.2015 had already rejected an application for temporary permit in respect of the stage carriage No. KL -70/A -878 in the vacancy of the very same route, to operate on the above route and the decision was taken on a finding that major portion of the route objectionably overlaps with various notified routes violating G.O.(P) No.42/2009/Trans. dated 14.07.2009 and KSRTC objected the application by stating that the route objectionably overlaps with the notified route for distance of 110 km. Thus, the earlier application filed by another stage carriage operator, seeking temporary permit stands rejected on the above reasoning and the petitioner has applied for the temporary permit on the same route.