VARGHESE Vs. R T A TRICHUR

JUDGEMENT

(1.) Petitioner seeks a writ of mandamus to compel respondents to consider:

(2.) According to learned counsel for petitioner, the Regional Transport Authority is bound to consider the applications and grant permits if there are no grounds for rejection. Getting counter signature is the responsibility of the applicant, submits counsel. Petitioner would further urge that if counter signature is refused, provision for appeal is provided in S.89 of the Motor Vehicles Act, 1988 and that this is an indication that the duty of the Regional Transport Authority is limited to issuance of a permit and not obtaining concurrence therefor.

(3.) Learned Government Pleader appearing on notice submits that obtaining concurrence is a prerequisite for issue of a regular permit. R.171 (2) of the Kerala Motor Vehicles R.1989 is relied on by him to support this view. The rule reads: