ETTUMANOOR MOTORS (P) LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO interesting questions have been raised in this writ appeal and they turn respectively on the interpretation of section 68 "F(1)and section 57(2)of the Motor Vehicles Act.

(2.) A scheme in supplementation of existing trans­port services on the route Kottayam -Moolamittam in the Kottayam District was notified as required by section 68 -C of Chapter IV -A of the Motor Vehicles Act on 19th October 1965.

(3.) A copy of that scheme has been produced along with the writ application.The scheme was approved by the Government under section 68 -D(2)of the Act on 23rd March 1966 and was duly notified under sub -section(3)of section 68 -D on 10th May 1966.In between the last mentioned two dates,that is,on 21st April 1966 an application was made by the Kerala State Road Transport Corporation(Ext.P -3)to the Regional Transport Autho­rity.A letter was also written by the District Transport Officer forwarding that application and that letter is Ext.P -4.It is mentioned in that letter that pursuant to the application dated 21st April 1966 permits maybe issued as early as possible for four vehicles and it is not disputed that this is in accordance with the scheme.These applica­tions were granted and permits were sanctioned by Ext.P -6 order dated 21st May 1966.The permits however were issued pursuant to the order Ext.P -6 only on the 1st July,1966.