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K. Balagangadharan Vs. Regional Transport Board, Quilon - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtKerala High Court
Decided On
Case NumberO.P. No. 384 of 1957
Judge
Reported inAIR1958Ker144
ActsMotor Vehicles Act, 1939 - Sections 62
AppellantK. Balagangadharan
RespondentRegional Transport Board, Quilon
Appellant Advocate K.T. Thomas, Adv.
Respondent Advocate K.V. Surianarayana Iyer, Adv. General
DispositionPetition allowed
Cases Referred and Parmeghwar v. Regional Transport Officer
Excerpt:
.....permits - section 62 of motor vehicles act, 1939 - petition questioning validity of temporary permits issued by respondent - permits not to be issued for conveyance of passengers on special occasions - not issued for purpose of seasonal business - cannot said that permits issued to meet some temporary need - temporary permits issued by respondent quashed. - - it is submitted that in the circumstances the 1st respondent was well with an jurisdiction in issuing temporary permits to the 2nd respondent. 1957 all lj 818 (j). as we are in entire agreement with the observations in air 1948 mad 400 (a) and air 1957 trav-co 225 (d), and are quite satisfied that the circumstances quoted in paragraph 2 of the 2nd respondent's affidavit dated the 23rd october 1957 do not spell a temporary..........traffic board madras, air 1948 mad 400 (a), instead of granting the renewal of certain permits issued temporary permits to the owner on the ground that the government intended to put their own buses on the road and those buses were not immediately available. gentle c. j., (with whom bell, j. agreed) said:'although a finding upon the grant of the temporary permits to the appellant is not necessary for the purpose of the present appeal, nevertheless, a few words upon that matter are not out of place. the sole authority for grant of such permits is section 62 and only when a circumstance, therein specified, exists and for not longer than four months. no attempt was made to justify the grant by virtue of clauses (a) and (b) of the section but it was argued that clause (c) has.....
Judgment:

M.S. Menon, J.

1. The petitioner questions the validity of four temporary permits issued by the 1st respondent (Secretary, Regional Transport Board, Quilon) to the 2nd respondent (Director, State Transport, Department, Trivandrum) under Section 62 (c) of the Motor Vehicles Act, 1939. Two of the permits are in respect of the route, Chenganoore -- Alleppy, and the other two are in respect of the route, Thiruvelia-- Alleppy.

2. The circumstances under which the four temporary permits were issued to the 2nd respondent are detailed by him as follows in his affidavit dated the 2.3rd October 1957:

'The Revenue District of Alleppey started functioning as from 17-8-1957 under Notification No. B. 2-1670/57/RD dated 13-8-1957. The Taluks of Thiruvella and Chenganoore among others which originally formed part of the District of Quilon were included in the Alleppey District as under the aforesaid notification. There was, in consequence, a large demand from the public of these Taluks that direct transport facilities be afforded to them so as to enable them to get to the headquarters of the District for transacting various businesses. There was no through bus services connecting Alleppey on the one side and Chenganoore and Thiruvella on the other. The grant of pucca permanent permits necessarily takes time. About four or five months will be required for the authorities to get through all the formalities prescribed by the Statute before pucca permits are granted. Much the same time will be necessary for the finalisation of a scheme as under Chapter IV-A of the Motor Vehicles Act, 1956. In the circumstances and to meet the particular temporary need that could not otherwise be met, the State Transport Department applied to the 1st respondent for temporary permits under Section 62 of the Statute. The said application was made on 3-9-1957. In the covering letter which was sent along with the application for the temporary permits, mention was made by this respondent thatsteps were being taken for the submission of a scheme to the Government as per Chapter IV-A ofthe Statute. The scheme was actually submitted to the Government on 26-9-1957 and is still pending with the Government. It is submitted that in the circumstances the 1st respondent was well with an jurisdiction in issuing temporary permits to the 2nd respondent. The situation arising out of the said aforesaid circumstances is such as fo create a need which is both particular and temporary. It is obvious that until either permanent pucca permitsare issued or the scheme under Chapter IV-A is finalised the needs of the public could not be met otherwise than by the issue of temporary permits'.

3. Section 62. Motor Vehicles Act, 1939 (as amended up-to-date) is in the following terms:

'A Regional Transport Authority may without following the procedure laid down in Section 57, grantpermits, to be effective for a limited period not In any case to exceed four months, to authorise the useci' a transport vehicle temporarily-

(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or

(b) for the purposes of a seasonal business, or

(c) to meet a particular temporary need, or

(d) pending decision on an application for therenewal of a permit; and may attach to any such permit any condition it thinks fit:

Provided that a temporary permit under this section shall, in no case, be granted in respect of any route or area specified in an application for the grant of a new permit under Section 46 or Section 54 during the pendency of the application;

Provided further that a temporary permit under this section shall, in no case, he granted more than onco in respect of any route or area specified in an application for the renewal cf a permit during the pendency of such application for renewal'.

It is common ground that Clauses (a), (b) and (d) are not attracted and that the only question for consideration is whether the circumstances which induced the grant of the permits spell 'a particular temporary need' within the meaning of clause (c) of Section 62.

4. In Sri Rama Vilas Service Ltd. v. Road Traffic Board Madras, AIR 1948 Mad 400 (A), instead of granting the renewal of certain permits issued temporary permits to the owner on the ground that the Government intended to put their own buses on the road and those buses were not immediately available. Gentle C. J., (with whom Bell, J. agreed) said:

'Although a finding upon the grant of the temporary permits to the appellant is not necessary for the purpose of the present appeal, nevertheless, a few words upon that matter are not out of place. The sole authority for grant of such permits is Section 62 and only when a circumstance, therein specified, exists and for not longer than four months. No attempt was made to justify the grant by virtue of Clauses (a) and (b) of the section but it was argued that Clause (c) has application. That clause enables a temporary permit to be granted 'to meet a particular temporary need'. It was suggested that the 'particular temporary need was the non-availability of the Government buses at the date when the appellant's three years permits expired on 1-5-1957 and that need was met by granting a temporary permit for the appellant's buses to ply for hire during the period preceding the date when the Government hoped to obtain its vehicles and put them into use. There was not a particular temporary' need within the meaning of the Act which empowered the grant of temporary permits.'

These observations were quoted with approval in Motilal v. Uttar Pradesh Govt. AIR 1951 All 257 (FB) (B).

5. The same reasoning appears to be the basis of State Transport Authority Bhopal v. S. A. J. M. Service AIR 1956 Bhopal 49 (C), wherein Mathur, J. C., said:

'In the present case the permits are not to be issued for conveyance of passengers on special occasions, nor for purposes of a seasonal business. Itcannot also be said that the permits are to be issued to meet a particular temporary need. When the additional passenger buses are to regularly ply on the two routes, it can rightly be inferred that the need proved to the satisfaction of the State Transport Authority was of a permanent nature and not a temporary one. In these circumstances, the order of the trial court for the issue of temporary permits only was in direct contravention of Section 62 of the Motor Vehicles Act. Such an illegal order cannot be maintained and will be liable to be set aside'.

6. In Kunja Menon v. R. T. E. Trichur, AIR 1957 Trav-Co 255 (D) the issue of a permit granted by the Regional Transport Board, Triehur, was stayed by the Road Traffic Board, Trivandrum, pending the disposal of an appeal filed before them and a temporary permit was issued in respect of that route by the Regional Transport Board, Trichur. The Court said:

'That there is a permanent need as far as the travelling public is concerned is admitted and is evident from the grant of the state carriage permit to respondent 2 which is now under appeal. The issue of an order staying proceedings pending the disposal of that appeal cannot convert that 'permanent need' into a 'temporary need' within the mean. ing of Section 62 (c), Motor Vehicle Act, 1939. The need will continue to be 'permanent' even though its satisfaction has been postponed by the appellate authority in its discretion to the terminationof the appeal.'

7. Various other decisions were cited before us State Transport Co. v. State of M. P., AIR 1952 Nag 353 (E); Chandi Prasad v. Regional Transport Authority, AIR 1953 Assam 74 (F); Kotah Transport Authority v, Regional Transport Authority, AIR 1954 Raj 33 (G); Khandari Babu v. Regional Transport Authority Udaipur Region, Udaipur; AIR AIR 1954 Raj 78 (H); Jairamdas v. Regional Transport Authority, AIR 1957 Raj 162 (1) and Parmeghwar v. Regional Transport Officer; 1957 All LJ 818 (J). As we are in entire agreement with the observations in AIR 1948 Mad 400 (A) and AIR 1957 Trav-Co 225 (D), and are quite satisfied that the circumstances quoted in paragraph 2 of the 2nd respondent's affidavit dated the 23rd October 1957 do not spell a temporary need within the meaning of Section 62 (c) of the Motor Vehicles Act, 1939, we consider it unnecessary to discuss those decisions in this judgment.

8. In the light of what is stated above the petition has to be allowed and the four temporary permits issued by the 1st respondent to the 2nd have to be quashed and we order accordingly. No costs.


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