PONKUNNAM ERATTUPETTA MOTOR SERVICE Vs. RTA KOTTAYAM

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution complaining against the issue of temporary permits on ground not covered by s. 62 of Motor Vehicles Act.

(2.) IT would appear that the grant of Pucca permits as ordered by the Respondent authority was being questioned on appeal before higher authority. And as the Pucca permits could not also be availed of in the interval, action was taken under S. 62 for the issue of the temporary permits concerned. Such issue is not warranted by the terms of the section, vide A. I. R. 1957 T. C. 255, affirmed in 1957 K. L. T. 1259 And so the petitioner who happened to be one of the rival applicants for such temporary permits has come with this petition.

(3.) IT is not denied by learned counsel for petitioner that his client was one of the unsuccessful applicants before the respondent authority for the grant of the temporary licence here in question. If so there is no doubt that the writ petition does not lie. IT is therefore rejected. The petitioner will pay the costs of all the respondents. Counsel's fee R s. 100/- only one set. Dismissed.