SALEEM SAIT Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE petitioner has sought a writ a certiorari to quash the order of the third re'spondent in G.O. ms. No. 277, Home (Transport VI) Department, dated 22.3.2001 and for further orders.

(2.) BRIEF facts leading to the writ petition are as follows: The petitioner submitted an application dated 21.3.2002, for grant of share Auto per"mit to the Regional Transport Officer, Madurai (South), first respondent herein and the said application was returned stating that the quota had already exhausted and there was no vacancy for grant of permit. Aggrieved by the same, the petitioner has preferred an Ap"peal No. 424 of 2002 on the file of the State Transport Appellate Tribunal, Chennai, sec"ond respondent herein and the said appeal was pending. Being aggrieved by the ceiling limit of 50 permits, for each District Headquarters, the petitioner has filed the present writ peti"tion.

(3.) SECTION 67 of the Act deals with the power of the State Government to control road transport and it reads as follows: "(1) A State Government, having regard to- a) the advantages officered to the public, trade and industry by the development of motor transport, the desirability of co-ordination road and rail transport the desirability of preventing the deteriora"tion of the road system, and the desirability of preventing uneconomic competition among holders of permits, may, from time-to-time, by notification in the Official Gazette, issue directions both to the State Transport Authority and Regional Transport Authority regarding the fixing the fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages: (. .) regarding the prohibition or restriction, subject to such conditions as may be speci"fied in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods by goods car"riages' regarding any other matter which may ap"peal to the State Government necessary or expedient for giving effect to any agree"ment entered into with the Central Govern"ment or any other State Government or Government of any other country relating to the regulation of Motor Transport gener"ally, and in particular to its co-ordination with other means of transport and the con"veying of long distance goods traffic: Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of he proposed directions is published in the Official Gazette specifying therein a date being not less then one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has; in consultation with the State Transport authority, been considered after giving rep"resentatives of the interests affected an opportunity of being heard. Any direction under sub-section (1) regard"ing the fixing of fares and freights for stage carriages, contract carriages and goods car"riages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods."