Skip to content


M.R.G. and Brothers Bus Service, Palghat Vs. K.S. Kandaswami Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtKerala High Court
Decided On
Case NumberO.P. No. 850 of 1960
Judge
Reported inAIR1961Ker159
ActsMotor Vehicles Act, 1939 - Sections 57(8) and 62
AppellantM.R.G. and Brothers Bus Service, Palghat
RespondentK.S. Kandaswami Chettiar and anr.
Appellant Advocate V.K.K. Menon,; C.S. Padmanabha Iyer and; M. Ramachandran
Respondent Advocate V.P. Gopalan Nambiar and; T.H. Viswanathan, Advs. for Respondent 1 and;Govt. Pleader for Respondent 2
DispositionPetition dismissed
Cases ReferredTransports v. R.T.A. Trichur
Excerpt:
.....- route-permit - sections 57 (8) and 62 of motor vehicles act, 1939 - petitioner questioned permit granted to respondent no.1 - petitioner contended disputed permit granted under colourable or mala fide exercise of jurisdiction of regional transport authority - permit granted was of temporary nature to meet temporary need for period of 4 months under section 62 - no proviso or limitation in section 62 or anywhere in act imposing restriction on grant of temporary permit so as to operate as extension or variation of route - held, regional transport authority did not act illegally or mala fide in granting temporary permit to respondent no.1. - - p-l (a), i am satisfied that the application was professedly for a temporary permit. nor can the right to such a permit be made to..........number m d e 2317, on the route pollachi to gopalapuram within the madras state, under a permit granted to him by the state transport appellate tribunal, madras. on 13th june, 1960, he made an application to the regional transport authority, palghat, at trichur, for a temporary permit for the aforesaid stage carriage, to operate on the route' gopalapuram to kozhinjampara within the kerala-state, which was granted on june 18, 1960, and a temporary permit was issued to him, copy of which is ext. p-3.the timings allowed to him on the route covered by the temporary permit were in co-ordination with those allowed to him under his pucca permit for the route pollachi to gopalapuram. the petitioner who is an operator of stage carriages on the interstate, routes of pollachi to palghat.....
Judgment:

S. Velu Pillai, J.

1. The first respondent had been operating a stage carriage, having registration number M D E 2317, on the route Pollachi to Gopalapuram within the Madras State, under a permit granted to him by the State Transport Appellate Tribunal, Madras. On 13th June, 1960, he made an application to the Regional Transport Authority, Palghat, at Trichur, for a temporary permit for the aforesaid stage carriage, to operate on the route' Gopalapuram to Kozhinjampara within the Kerala-State, which was granted on June 18, 1960, and a temporary permit was issued to him, copy of which is Ext. P-3.

The timings allowed to him on the route covered by the temporary permit were in co-ordination with those allowed to him under his pucca permit for the route Pollachi to Gopalapuram. The petitioner who is an operator of stage carriages on the interstate, routes of Pollachi to Palghat via Gopalapuram and Kozhinjampara, and Pollachi to Pudur via Gopalapuram and Kozhinjampara, has preferred this petition to quash the temporary permit granted to the first respondent.

2. The petitioner's learned counsel did not question the jurisdiction of the Regional Transport Authority, Palghat, to issue a temporary permit within its area; on the contrary its jurisdiction was conceded in the following terms, in the additional affidavit filed for the petitioner:-

Therefore it can be taken, that normally and-subject' to relevant provisions of law the Regional' Transport Authority, Palghat can grant a temporary -permit from the State border on the route Gopala-puram to Kozhinjampara'.

His only point was, that the temporary permit having been granted to a particular stage carriage, operating under the pucca permit, and the timings being adjusted as stated above, what was granted by the Regional Transport Authority, Palghat, and was achieved by . the first respondent, was really an extension of the route Pollacbi to Gopalapuram, up to Kozhinjampara, and this Constituted a colourable or mala fide exercise of his jurisdiction.There was also some controversy, whether the application of the first respondent to the Regional Transport Authority, Palghat was for a temporary permit, or was for a variation o the route pollachi to Gopalapuram by extending it to Kozhinjampara. On a perusal of the application, Ext. P-1, and the covering letter, Ext. P-l (a), I am satisfied that the application was professedly for a temporary permit. Ext. P-l quoted Section 62 of the Motor Vehicles Act, 1939, which may be referred to for brevity as the 'Act', setting forth, the purpose as 'temporary service', the duration of the permit as four months; in the second paragraph of Ext. p-1 (a) it was men- tioned specifically, that Ext. P-l was for a temporary permit to meet a temporary need. Ext, P-2, the order granting the temporary permit, specified the need, as 'the seasonal business mentioned in the application' and the duration of the permit as four months.

This is a temporary need recognised by Section 62, Clause (b) of the Act. Moreover, as contended, an application for the variation of the route Pollachi to Gopalapuram, has to be made to the Authority in the Madras State which sanctioned the permit for that route though it may have to be validated by appropriate procedure in the Kerala State; but Ext. P-l was addressed to the Regional Transport Air thority, Palghat, I therefore hold that, the applications was for the issue of a temporary permit, which was accordingly granted,

3. As contended, the first respondent had two rights under the Act, one to obtain a temporary permit to meet a temporary need under Section 62, and the other to obtain & variation of the route covered by his pucca permit under Section 57 (8) of the Act, It may so chance, that a temporary permit may relate to a route, which is in continuity with another route for which he may hold a permit, but on that ground, I think, it does not cease to be a temporary permit.

Nor can the right to such a permit be made to depend upon the identity of the stage carriage, which it is intended to operate in pursuance of it, or upon the timings which may be fixed to suit the convenience of the travelling public better. As pointed out by the learned counsel for the first respondent, Section 62 which regulates the grant of temporary permits, does not impose restrictions of the above character, although two provisos dealing with other conditions form part of it; in other words, there is no proviso Or limitation in Section 62 or any where in the Act, that a temporary permit shall not be granted so as to operate as an extension or variation of a route.

In support of the contention, that the action of the Regional Transport Authority was a colourable exercise of jurisdiction, the petitioner has explained in his affidavits, that its underlying object was to evade the provisions of Sections 63 and 6SA of the Act. Section 63-A has no relevance, and the learned counsel did not rely upon it; in my opinion, the application of Section 63 is remote.

Sub-section (1) of Section 63 provides that a permit granted by the Regional Transport Authority of one region, in order to be valid in another region, has to be countersigned by the corresponding Authority of the latter region; Sub-section (2) enables the Authority when countersigning a permit, to attach any condition to it, which it might have imposed, if it had itself granted the permit or to vary any condition attached to the permit, and Sub-section (3) enacts, that except in the case covered by the proviso to it, which it was not contended, has any application here, the provisions in Chapter IV of the Act relating to the 'grant etc., of the permits', shall apply also to the 'grant etc. of counter-signatures of permits'.

In other words, Section 63 reates to the procedure of counter-signing of permits, I find great difficulty to hold, that the Regional Transport Authority exercised the jurisdiction under Section 62, which it undoubtedly possessed, in order to circumvent as it wore, the need for countersigning. It was not contended before me, that there was no real need or that the need was not temporary.

4. The learned counsel placed considerable reliance on the observations made by a learned Single Judge of this Court, in G. 13. Transports v. R.T.A. Trichur, 1959 Ker LT 1176: (AIR 1960 Ker 239), that 'there is no provision in the Act for allowing temporary variation of a permit'. In that Case, the application was in terms, for a permanent variation of a route Chittur to Trichur, as Chittur to Guruvayur via Trichur and was allowed after following the prescribed procedure. On revision, the State Transport Authority set aside the order of the Regional Transport Authority, and the applicant moved this Court by a writ petition for quashing the order of the State Transport Authority.

Pending the decision of that petition, the Regional Transport Authority granted 'a temporary permit to the applicant under Section 62 of the Motor Vehicles Act for variation of the route as Chittur to Guruvayur via Trichur'. A second writ petition was filed in this Court to challenge the temporary permit. The matter was considered from two stand-points, first as a temporary variation of the route and in that context, the observations relied on were made. In that case, the Authority granted the temporary permit 'for variation of the route', but here it was not so.

It strikes me, that Section 57 (8) of the Act speaks only of a variation and nothing in it precludes a further variation. It is sufficient to note, that this distinction has no application to the present case. The second aspect discussed in the judgment in the case cited was, whether the need' relied on by the Regional Transport Authority was a temporary need within the scope of Section 62 and this was answered in the negative. The consideration of the two aspects separately, suggests, that the learned Judge treated them as distinct. After all, to establish a case o evasion of the Statute or of keeping outside its provisions;-

'It is, however, essential not to confound what is actually or virtually prohibited or enjoined by the language, with what is really beyond the enacting part though it may be within the policy, of the Act, for it is only to the former case that the principle under Consideration applies, and not to cases where, however manifest the object of the Act may be, the language is not co-extensive with it' -- See Maxwell on Interpretation of Statutes, 10th Edn., page 117'.

For the foregoing reasons, I am not preparedto hold, that the Regional Transport Authority acted illegally or mala fide in granting the temporarypermit to the first respondent. This petition is dismissed, but without costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //