ACHUTHAN Vs. ABDULSALAM

JUDGEMENT

(1.) This appeal was taken up for hearing after the learned counsel for the appellant made it clear to us that the review petition which she has filed in pursuance of the observations made by the learned single Judge is going to be withdrawn by the appellant, irrespective of the result of this appeal.

(2.) The first respondent is the holder of a pucca stage carriage permit for the route Pokkunnu - Mavoor, from the year 1982. He made an application for grant of temporary permit in extension of the pucca permit, to extend it up to Mukkom. The Regional Transport Authority rejected the application and on appeal the State Transport Appellate Tribunal granted the permit. It is the said decision that was challenged by the appellant in O. P. No. 6409 of 1988-K. The principal contention of the appellant before the learned single . Judge was that the appellant was an objector and that his objection has not been taken into consideration. The learned single Judge has observed that if a mistake has been committed by the authorities in ignoring the objection of the appellant the proper course to be adopted by him is to move that authority for correcting the mistake. It is in pursuance of that observation that the appellant sought review, which, as already stated, he has undertaken to withdraw, irrespective of the result of this appeal.

(3.) We consider it unnecessary to make an investigation of the question as to whether the appellant is really an objector or not, for. there are far more fundamental objections to the grant of temporary permit in favour of the first respondent. A temporary permit can be granted under S.62 of the Act. Sub-s.(1) of S.62 empowers the Regional Transport Authority to grant permit without following the procedure prescribed in S.57 of the Act, for a period not exceeding four months, to authorise the use of a transport vehicle temporarily (1) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings (2) for the purposes of a seasonal business (3) to meet a particular temporary need or (4) pending decision on an application for the renewal of a permit. Sub-s.(2) of S.62 further provides that a temporary permit can also be granted in respect of any route or area in the following circumstances: