A K POULOSE Vs. KSTAT

JUDGEMENT

(1.) The petitioner, the 3rd respondent and 4 others were applicants for a stage carriage permit on the Neduvakad-Moovattupuzha route via Paingattoor and Kalampoor. The R. T. A. (2nd respondent) granted the permit to the 3rd respondent.

(2.) The correctness of the grant was challenged before the State Transport Appellate Tribunal (1st respondent) but without success. The first order of the Appellate Tribunal is dated 5-10-1957 (Ext. P2). Subsequent to that order the petitioner moved this court by O. P. No. 465 of 1957 and this court set aside the order and remanded the case for a fresh disposal. The order of the Appellate Tribunal after remand is dated 3-4-1958 (Ext P3). It affirmed the earlier conclusion.

(3.) Counsel for the petitioner submitted that the reasons which induced the remand and the questions connected with them are not the subject of controversy at present. His main case was that one at any rate of the two reasons given by the R. T. A. for the grant of the permit to the 3rd respondent is unsustainable and so the grant as well as the affirmance of that grant by the Appellate Tribunal should be quashed by an appropriate writ or direction under Art.226 of the Constitution.