R GOPALAN Vs. RTA

JUDGEMENT

(1.) The order challenged is one passed by the Regional Transport Authority, Trivandrum on 28-11-1963 and produced along with the affidavit in support of the writ application as Ext. P 3. By that order an application for variation of a stage carriage permit held by the second respondent on the route Vilabhagom - Chathanoor via Kallambalam, Parippally, Koonayil and Paravoor was allowed. The variation sought was that the route between the above said termini should run along Warkalai, Aiyroor, Ooninmoodu, Koonayil and Paravoor. The order allowing the variation is very short and reads as follows:-

(2.) The petitioner had moved an application for a permit on the route Kayikara - Paravoor via Warkala, Aiyroor, Oonimoodu and Koonayil. This was as early as 1958. That application was also published as required by S.57(3) of the Motor Vehicles Act and was the first item to be considered at the meeting of the first respondent at which meeting Ext. P 3 order was passed. On the same day on which the variation of the permit held by the second respondent was granted by Ext. P 3 another order Ext. P4 was passed rejecting the application of the petitioner. An appeal has been taken from that order Ext. P 4 by the petitioner and that appeal is now pending before the State Transport Appellate Tribunal.

(3.) A sketch showing the routes has been produced as Ext. P 5 in this case.