HASSAN KUNJU Vs. R T O PATHANAMTHITTA

JUDGEMENT

(1.) PETITIONERS were operating stage carriages on various routes on the basis of the permits issued by the Regional Transport Authority. In some cases, period of the regular permits has already expired, and in some cases, petitioners are awaiting clearance from the concerned Regional Transport authority. Pending renewal of regular permits and completion of various formalities mentioned above, they have submitted applications for temporary permits. Temporary permits were issued by the Regional Transport Authority, pathanamthitta to the petitioners for various periods. However, on the expiry of four months' period, Regional Transport Authority declined to entertain any application for temporary permit on the ground that S. 87 (l) (d) of the Motor vehicles Act does not authorise grant of temporary permit for a period exceeding four months. PETITIONERS are aggrieved by various orders issued by the Regional Transport Authority. According to petitioners, there is no legal bar in reissuing temporary permits, eventhough the period exceeds four months.

(2.) IT has therefore, become necessary to examine the scope of S. 87 of the Motor Vehicles Act, read with other relevant provisions of the Act.

(3.) THE new Act has liberalised grant of permits. Act also has simplified the procedure by liberalizing the grant of permit for private sector operation in the road transport field. R. 170 of the Kerala Vehicles rules also authorises the Regional Transport Authority to issue temporary permit without counter-signature by the Authority of the other region or regions even in cases where a temporary permit is granted under clause (d) of s. 87 (1) of the Act. This is of course subject to the proviso which says that the permit in respect of which application for renewal is pending is renewable.