P V MAYADEVI Vs. K C RAJAN

JUDGEMENT

(1.) The petitioner, in O.P.No. 1302 of 1985, a bus operator, is the appellant herein. The 3rd respondent, R.T.A, Palghat, by Ext. P5 order dated 20-9-1984, granted a stage carriage permit, in the route Palghat-Pazhambalakode, to the Ist respondent, rival operator. Ext. P5, was confirmed by the State Transport Appellate Tribunal by Ext. P13 order dated 25-1-1985. Petitioner's challenge against Exts. P5 and P13 orders was unsuccessful before a learned Single Judge. And hence this Writ Appeal.

(2.) The crux of the controversy is as to whether the route Palghat-Pazhambalakode is a medium route or a short route. If it is the former, i. e. more than 40 kms., the petitioner should succeed and if it is the latter i.e. less than 40 kms. the preference given to the Ist respondent is justified and beyond challenge. This Court appointed Advocate Sri. P.K. Suresh Kumar as Commissioner, to get the distance of the route measured. He did so on 23-2-1985. According to the said report, the distance of the 'onward' journey, Palghat-Pazhambalakode, along the route, adopting one way traffic system prevalent in the said onward route, is 39 kms. 819 metres up to zero milestone plus 514 metres to the point where the stage carriage terminates, totalling to 40.359 kms. (40.333 ). But on the 'return' journey, the distance is only 39.040 kms.

(3.) Sivaraman Nair J held that "in view of the fact that the distance involved on the onward journey is only a few metres more than 40 kms. and that if the average of the two distances is taken, the route can be classified only as a short route, I am not persuaded in this case, to accept the submission on behalf of the petitioner that the matter requires reconsideration." The O.P. was dismissed. The petitioner has come up in Writ Appeal.