P. M. SHAMSUDEEN Vs. RTA ALLEPPEY

JUDGEMENT

(1.) The petitioner is a bus operator. The petitioner, the 4th respondent and another operator were the applicants for the issue of a temporary permit for four months in the route Chengannur - Manavelikkadavu. The petitioner and the 4th respondent alone pressed their applications. The 1st respondent, Regional Transport Authority, granted the permit to the petitioner, applicant No. 1, by order dated 16-2-1987, Ext. P1. In appeal by the 4th respondent herein, applicant No 2, Ext. P1 was set aside by the 3rd respondent, the State Transport Appellate Tribunal, by order dated 9-5-1988, evidenced by Ext. P4. The 3rd respondent directed that if the permit has not expired, the 4th respondent will be issued the permit for the unexpired period. In this O. P. the attack is against Ext. P4, the order passed in appeal by the 3rd respondent.

(2.) It is common ground that in pursuance to Ext. P1, a temporary permit was granted to the petitioner on 28-12-1987 for a period of 4 months The appeal was heard by the 3rd respondent on 22-4-1988, but the order was rendered on 9-5-1988. On the day Ext. P4 was rendered the period for which the permit was granted to the petitioner had expired.

(3.) I heard counsel on both sides, and also learned Government Pleader. Counsel for the petitioner attacked Ext. P4 on four grounds.