A VIDYASAGAR Vs. REGIONAL TRANSPORT AUTHORITY TRICHUR

JUDGEMENT

(1.) Heard Mr. Gopalakrishna Menon learned counsel for the appellant and learned Government Pleader Sri. Jose Thettayil.

(2.) The Writ Appeal is directed against the judgment of the learned Single Judge of this Court dated 7.8.1997 in O.P. No. 13648 of 1997 dismissing the Original Petition filed against the direction of the State Transport Appellate Tribunal. The learned Judge dismissed the Original Petition on the ground that there is no patent illegality in the order of the S.T. A.T. and even if it is illegal, he was not exercising the jurisdiction under Art.226 and 227 of the Constitution as no manifest injustice was caused by the order of the State Transport Appellate Tribunal and that every order of the Tribunal, whether it is legal or illegal, need not he interfered by this Court as it is a discretionary jurisdiction.

(3.) With respect, we are unable to subscribe to the views expressed by the learned Single Judge. We give below our reasons for interfering with the order impugned in this Writ Appeal.