ANOJ ABRAHAM Vs. STATE TRANSPORT AUTHORITY KERALA

JUDGEMENT

(1.) The point that arises for decision in this case, is whether the State Transport Authority, by issuing administrative instructions, can fetter the discretion of the RTA in granting temporary permits under Section 87(1)(c) of the Motor Vehicles Act. The brief facts of the case are the following:

(2.) The petitioner is a stage carriage operator, operating on the route Kottayam-Puthenthodu. He applied for a temporary permit on the route Puthenthode-Kottayam, for a period of 20 days. But, the permit was granted, only for a period of five days, as evident from Ext P1. The term of the permit was restricted to five days, relying on Clause 4 of Ext.P2 circular issued by the State Transport Authority. The relevant clause of the said circular reads as follows:

(3.) The respondents have filed a statement resisting the prayers in the Writ Petition. They would submit that the STA has issued the circular, in exercise of its power under Section 68(4) read with Section 68(3) of the Motor Vehicles Act. The RTAs are indiscriminately issuing temporary permits and the same is creating unnecessary competition. New entrants in the field of stage carriage operation, often obtain short term permits on various routes for testing the waters. Such operators are causing great hardship to the existing operators. So, to prevent such operators from getting permits and operating, the STA issued Ext.P2 circular, it is submitted.