COIMBATORE MOTOR TRANSPORT CO-OPERATIVE SOCIETY FOR EX-SERVICEMEN LIMITED Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) BECAUSE a common point is involved, these appeals have been heard together.

(2.) IN W.A. No. 228 of 1970, the appellant was found guilty of overloading and the permit for his vehicle was suspended for a week. The overloading was discovered on 11th January, 1967, and the period of the permit expired on 30th April, 1967. On 1st May, 1967, the permit was renewed for five years. The suspension order was made on 27th December, 1967. The argument for the appellant, which did not succeed before the learned Judge and which is reiterated before us, is that the permit having expired on 30th April, 1967, suspension of the permit on the basis of the renewal was illegal. The appellant maintains that the renewed permit is a new one and, therefore, the penalty of suspension could not operate on it.

(3.) V .C.K. Bus Service v. Regional Transport Authority, Coimbatore : [1957]1SCR663 , held that when a permit has been renewed, it is not a new permit but is the old one, the period of its currency being extended by renewal. But, this case is sought to be distinguished for the appellant with reference to N. S. Seihna and Ors. v. Visubhai Harilal Panchal : [1967]1SCR174 , and the substitution of Rule 185 of the Motor Vehicles Rules by a new one, and also the Amending Act 100 of 1956 and 56 of 1969.