AYSHA Vs. R T A KASARAGODE

JUDGEMENT

(1.) PETITIONER's husband K. A. Farooq was granted a permit to ply a stage carriage. With variations, granted and effected, that was renewed up to 17/04/2007, as evidenced by Ext. P1 with effect from 27/10/1989 that permit was transferred to the petitioner and issued for the vehicle KLS-399.

(2.) PETITIONER challenges the cancellation of the said permit as per Ext. P4 decision of the RTA and Ext. P6 order of the STAT confirming the said decision. She also seeks a declaration that non replacement of vehicle is no ground for cancellation of permit under S. 87 (1) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" ).

(3.) S. 84 provides certain conditions. Breach of any other condition specified in S. 84 or any of the conditions contained in the permit can be a ground for cancelling the permit or for suspending it under Sub-s. 1 of S. 86, which reads as follows: " 86. Cancellation and suspension of permits.- (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit- (a) on the breach of any condition specified in S. 84 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle covered by the permit, or (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. "