M P MANIKANDA Vs. K RAMAKRISHNAN

JUDGEMENT

(1.) By Ext. P6 Judgment dated 26-4-1985, the 4th respondent the State Transport Appellate Tribunal (STAT) set aside Ext. P1 proceedings of the 2nd respondent, the Regional Transport Authority (RTA) dated 31-1-1985 granting a regular stage carriage permit to Vehicle KLL 3036 of the 1st respondent (petitioner in the O.P.) and remitted the applications of the appellant (1st respondent in the O.P.) and the 1st respondent to the 2nd respondent "for consideration afresh in accordance with law and in the light of the above observations" the reason for the remand stated being: (1) the appellant appeared to have been denied a proper hearing; and (2) his qualifications did not appear to have been properly compared with those of the 1st respondent. This order, Ext. P6, was challenged in O.P.4965/1985 at the instance of the 1st respondent. The learned Judge by Judgment dated 31-5-1985, disposed of the Writ Petition in the following terms:

(2.) Sri. P. Raveendran, the counsel for the appellant, contended before us that the direction in the Judgment appealed against to the RTA to consider and dispose of the application taking into account only the qualifications the applicants had acquired as on the date on which the 2nd respondent passed Ext. P1 order ran counter to the spirit of the provisions of S.47 of the Motor Vehicles Act (M.V. Act) which emphasised the need for taking into account 'the interest of the public generally, and the advantage to the public of the service to be provided' while considering the application for stage carriage permits, and the ruling of a Division Bench of this Court in P. S. N. Motor's case ( 1960 KLT 1324 ) laying down that there was no principle that subsequent developments should not be taken into consideration; and that events including the legislations that came to be subsequent to the institution of the proceedings had to be taken into consideration in moulding the conclusion in the case.

(3.) Our attention has also been drawn by Sri. Raveendran to the Full Bench decision of this Court in Cannannore District Motor Transport Cooperative Society's case ( 1962 KLT 446 ) and to the decision of the Supreme Court in Maharashtra State Road Transport Corporation's case ( AIR 1971 SC 1804 ). In Para.2 of the Judgments appealed against reference has been made to the Full Bench decision of this Court in Narayanan's case (1980 KLT 249).