V.J. JOSEPH Vs. ROAD TRAFFIC BOARD

JUDGEMENT

(1.) THIS is an appeal from an Order of M S.Menon.J .,refusing to quash the cancellation of the stage carriage permit of T.C.K.622,which was operating on the Thodupuzha -Kanjar route.The cancellation order,was passed by respondent 1,the Road Traffic Board,Kottayam.The order bears the date 20th February 1956 and in the proceeding giving rise to this appeal(O.P.No.199 of 1956)it has been marked as Ext.O.On appeal by the owners of the vehicle,the United Motor Union(Private)Ltd .,Palai,respondent 2,the Central Road Traffic Board,Trivandrum,confirmed the first respondent 's order as per Ext.S,dated 13th June 1956.Soon afterwards,on 25th June 1956,the appellants filed O.P.No.199 of 1956 to quash both the orders,Ext.O and Ext.S.

(2.) THE learned Single Judge 's Order dismissing the said Original Petition was passed on 7th November 1956.The cancellation order,Ext.O is in these terms:" Stage carriage T.C.K.622 permitted to operate between Thodupuzha and Kanjar was not conducting service from 12th October 1954 due to expiry of certificate of fitness and the travelling public was put to difficulties.The permit holder has not intimated the non -operation of the service as per rule 293 of the M.V.Rules, The explanation offered by the permit holder,dated 2nd January 1956,is not satisfactory or acceptable. The permit of the vehicle is cancelled.

(3.) IT was however contended before the learned Single Judge that the violation of the above rule was not the foundation for the cancellation order and that reference to the violation of rule 293 in Ext.O was no more than the statement of a fact.That contention found favour with the learned Single Judge.Hence his order dismissing O.P.No.199 of 1956 .,