MOIDEENKUTTY Vs. S T A T ERNAKULAM

JUDGEMENT

(1.) This original petition has been filed under Art.226 of the Constitution of India seeking to quash Ext. P5 order passed by the first respondent. State Transport Appellate Authority.

(2.) Second respondent proposed to introduce stage carriage service on the route Kuttoor North Kozhikode. According to the petitioner it was treated as short route. Petitioner was granted temporary permit. Second respondent later published notification under S.57(2) of the Motor Vehicles Act, for short 'the Act', inviting applications for grant of regular stage carriage permit on this route. Petitioner and third respondent submitted applications. According to the petitioner, notification refers to the route as short route. Third respondent raised a contention before the second respondent to the effect that the route is a medium route. Second respondent relying on the report and sketch filed by the Motor Vehicles Inspector, according to the petitioner, found the route to be short route and granted permit to the petitioner being new entrant. This order was challenged in appeal before the first respondent Tribunal by the third respondent, who contended that the route is a medium one having a length of 42 kilometres. The Tribunal set aside the decision of the R.T.A. and remanded the matter for fresh disposal under Ext. P1 order directing the RTA to resolve the controversy regarding the nature of the route after getting the route measured by the Executive Engineer.

(3.) Even before the original decision of the RTA, third respondent herein had submitted a representation to the Executive Engineer, PWD, B and R. Manjeri to give a certificate regarding the length of the route. Ultimately he filed OP No. 4072 of 1986 seeking to compel the Engineer to issue the certificate. It appears this court by Ext.R3(b) judgment directed the Executive Engineer to consider the application of the third respondent and issue a certificate urgently. According to the petitioner, Executive Engineer measured the length of the route and issued a certificate and also submitted report to the second respondent showing the length of the route as 39.35 kms.