K KUNHALAVI Vs. REGIONAL TRANSPORT AUTHORITY MALAPPURAM

JUDGEMENT

(1.) Question that has come up for consideration in this case is whether Regional Transport Authority is justified in granting a stage carriage permit in respect of a route with such modification as it deems fit when an application is preferred for permit.

(2.) petitioner applied for a regular permit to operate on the route Pariyapuram-Kuttipuram, via, Angadipuram, Perinthalmanna, Palachode, Kulathur, Vengad, Valancheri and KSDC. The proposed route was intra- district route lying whole within the jurisdiction of the first respondent. Application was preferred on 28-7-1998. Application came up for consideration before the Regional Transport Authority passed the following order:"

(3.) When the matter came up for admission, I heard counsel for the petitioner as well as learned Government Pleader. Counsel for the petitioner Sri. P. Ravindran submitted that Regional Transport Authority while considering the application under Section 71 of the Motor Vehicles Act cannot travel beyond the particulars mentioned in the application. Section 70 prescribes the particulars to be contained in an application for stage carriage permit. Application was preferred by the petitioner for operating on the route Pariyapuram Kuttipuram. According to him, Regional Transport Authority was not justified in imposing additional trips between perinthalmanna and Kulathur. Counsel relied upon the proviso to Section 72(1) which says that no permit shall be granted in respect of any route or area not specified in the application. Counsel also made reference to the decision of this Court in Girijadevi v. K.T.Mathew, (1990)2 KLT 353.