JOHN Vs. RTA PATHANAMTHITTA

JUDGEMENT

(1.) Question that has conic up for consideration in these cases is whether, the countersignature or concurrence is necessary for grant of a temporary permit, on an inter district route, pending renewal of a regular permit application.

(2.) Petitioners were operating on the basis Of regular permits for a period of five years. Before the date of expiration of their permits, they submitted applications for renewal of their regular permits. Pending applications for renewal of regular permits, for continuity of service and also for the benefit of the travelling public, they submitted applications for temporary permits. On receipt of applications for renewal of regular permits as well as for temporary permits it is seen that some of the Regional Transport Authorities have sought for countersignature or concurrence from the sister authorities. They are yet to be obtained. Counsel for the petitioners in O.P. No. 6936 of 1998 Sri. A. Inees submitted that Regional Transport Authority has got power under R.170(d) of the Kerala Motor Vehicles Rules to grant temporary permits without counter signature, pending renewal of regular permit application. Similar is the argument raised by Sri. Santhoshkumar, counsel for the petitioner in O.P. No. 7607 of 1999 and O.P. No. 7909 of 1999 and also Sri. A.K. Abdul Azeez, counsel for the petitioner in O.P.No. 7025 of 1999. 1 also heard counsel for the petitioner in O.P. No. 8369 of 1999, Sri. P. Gopalakrishna Menon. Counsel for petitioners relying on the various provisions in the Motor Vehicles Act and Rules tried to establish that for granting a temporary permit, pending application for renewal of regular permit, no concurrence or countersignature is necessary. Much reliance was made to R.170(d) of the Kerala Motor Vehicles Rules.

(3.) Learned Government Pleader Sri. N. Raghuraj submitted that since the route applied for is an inter district route primary authority has to obtain counter signature or concurrence from the sister authorities. According to him, it is always open to the sister authorities to reject the application for countersignature or concurrence due to change of circumstance. It is also the contention of the learned Government Pleader that concurrence or countersignature is a pre-requisite for granting permits, either regular or temporary, on an inter District route.