R NATARAJAN Vs. STATE TRANSPORT APPELLATE TRIBUNAL ERNAKULAM

JUDGEMENT

(1.) The question that falls for consideration in this case is whether furnishing of particulars of a vehicle for stage carriage permit in the application form is a mandatory requirement and also whether the applicant need furnish the particulars before the actual grant of permit or before the issue of permit.

(2.) A Full Bench of this Court in, Narayanan v. R.T.A. Trichur, 1980 KLT 249 : ( AIR 1980 Ker. 115 ) had occasion to consider the scope of S.46 of the Motor Vehicles Act, 1939, R.175 of the Kerala Motor Vehicles Rules, 1961 and statutory form prescribed under R.175(a) and R.186(2) of the Motor Vehicles Rules. Full Bench held that on a combined reading of those provisions it becomes clear that there is no mandatory obligation cast on an applicant for the grant of a stage carriage permit to furnish in his application the particulars of the vehicle proposed to be used by him for operating the service in the event of the permit being granted in his favour. Bench further held that it would not therefore be legally right or proper to treat as invalid an application for a stage carriage permit which does not contain particulars of the vehicle proposed to be used or to disqualify or supersede an applicant, who is otherwise found suitable for the grant of a permit, merely on the ground that he had not furnished in the application the particulars of the vehicle owned or possessed by him.

(3.) We have to consider the question raised in the instant case in the light of the provisions of the Motor Vehicles Act, 1988 and the Kerala Motor Vehicles Rules, 1989. Motor Vehicles Act 1988 has liberalised the grant of stage carriage permit. The Act has also simplified the procedure by liberalising the grant for private sector operation in the road transport field.