V K MOHAMMED Vs. R T A MALAPPURAM

JUDGEMENT

(1.) Petitioner along with the 3rd respondent and 12 others were applicants for grant of a regular stage carriage permit on the route Kuttippuram-Guruvayur. It is a medium route and the petitioner is a medium operator and according to him he satisfies all the requirements for the grant of the permit and is liable to be preferred to the 3rd respondent for the grant. Inter alia the petitioner claims residence and office on the route and he had also specified the vehicle which he was going to offer in his very first representation. The vehicle offered by him was a 1986 model one.

(2.) By its proceedings dated 22-3-1986 the Regional Transport Authority (RTA for short) granted the permit to the 3rd respondent. Appeals were filed by the petitioner and three other applicants which were allowed by the State Transport Appellate Tribunal on 18-9-1986 and the matter remitted to the RTA for fresh consideration.

(3.) The RTA considered the matter again and by its proceedings Ext. P1 dated 18-10-1986 preferred the petitioner to the 3rd respondent for the grant of the permit. Both the petitioner and the 3rd respondent received equal number of marks. They were both medium operators and they, had full sector qualification. Both had offered 1986 model vehicles registered within a day each other. But the petitioner was preferred for the reason that he had mentioned the particulars of his vehicle in the representation under S.57(3) whereas such details had not been furnished by the 3rd respondent. The petitioner was therefore, preferred and the grant made to him.