BABURAJAN Vs. KESAVAN

JUDGEMENT

(1.) Some time in 1981 the Regional Transport Authority, Trichur, decided to introduce a temporary stage carriage service on the route Thayyoor-Trichur. Applications were duly invited, and two temporary permits were sanctioned by order dated 21-1-1982, one to the first respondent in this Original Petition, and the other, to the 2nd respondent. There was some challenge to these grants before the STAT by a rival applicant, but that did not succeed. The two permits were issued in February, 1982 one to start operation from Thayyoor end. and the other, from Trichur end. The permit issued in favour of the 1st respondent was in respect of KRR 218, a 1978 model vehicle, while the other was in respect of KRD 5880, a 1981 model.

(2.) The RTA subsequently found that the temporary need had in course of time developed into regular or pucca need. It therefore decided to invite applications for grant of two pucca stage carriage services on the route, end did so in October, 1982. Four persons filed applications in response to the invitation: the petitioner, respondents (1) and (2), and one Viswambaran. The applications were received in November, 1982, and yet temporary permits were issued thereafter also to KR 218 and KRR 5880, in violation of the 1st proviso to S.62, so as to enable respondents (1) and (2) to operate on the route without any break.

(3.) In the meanwhile the pucca permit applications were processed under S.57, and then taken up for hearing on 28-2-1983. The RTA found that the petitioner and respondents (1) and (2) were all entitled to five marks each under the marking system of R.177A, but it preferred the petitioner and the 2nd respondent of the grant. The 2nd respondent was preferred as "an existing operator on the route", with a 1981 model vehicle. The 1st respondent was also an existing operator on the route, but he was not chosen as his vehicle was of 1978 model. The petitioner was found more suitable for getting the other permit, as he was offering a 1983 model vehicle and had ''sector qualification" for 33.5 k.m. on the 42 k.m. route.