BENNY MATHEW Vs. MOHANAN

JUDGEMENT

(1.) Question that falls for consideration in these cases is whether Secretary of a Regional Transport Authority could issue temporary permits on inter district routes without concurrence or counter signature from a Regional Transport Authority or Regional Transport Authorities of other region or regions and whether powers conferred on a Regional Transport Authority under R.170 of the Kerala Motor Vehicles Rules could be exercised by its Secretary.

(2.) The Motor Vehicles Act, 1988 has authorised the State Government under S.68 of the Act to constitute for the State a State Transport Authority and in the like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (regions) as may be specified in the gazette notification in respect of each Regional Transport Authority the powers and functions conferred by or under Chapter V of the Act. A State Transport Authority or Regional Transport Authority so constituted consists of a Chairman, who has had judicial experience or experience as an appellate or revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law. Regional Transport Authority also consists of other members. An Authority constituted under S.68(2) is to act as a quasi judicial authority while exercising various powers conferred on it by the Act and Kerala Motor Vehicles Rules, 1989.

(3.) Every application for a permit shall be made to Regional Transport Authority of a region in which it is proposed to use the vehicle or vehicles in accordance with S.69 of the Act. If it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles. An application for a permit in respect of a stage carriage shall contain, among other things, the route or routes or the area or areas to which the application relates. The procedure to be followed by a Regional Transport Authority in considering the application for stage carriage permit is dealt with in S.71. The procedure in applying for and granting permits is dealt with in S.80 of the Act: However, a Regional Transport Authority may without following the procedure laid down in S.80 can grant permits to be effective for a period which shall not, in any case, exceed four months to authorise the use of a transport vehicle temporarily. S.87, in so far as it is material, is extracted below for easy reference: