JUDGMENT

VENKATARAMIAH, J.: — The appellant is the holder of a stage carriage,, permit in respect of a motor vehicle bearing No.TDL-7755 plying on the town service route No. 1.A from Erode Railway Station to Tiruchengode via P. S. Park, Ex-Clock Tower, Sathy Road, Bus Stand, K. N. K. Road, Pallipalayam, S. P. B. Factory, S. P. B. Colony and Thokkavadi. The existing route length is 23.7 Kms. At present the appellants bus is performing12 single trips between Erode Railway Station and Tiruchengode and 8 single trips between Erode Railway Station and S.P.B. Factory. The total kilometerage per day comes to 358 Kms. The said permit had been issued by the Regional Transport Authority of Periyar District, Erode in the State of Tamil Nadu. He applied to the Regional Transport Authority of the District of Periyar which had issued the permit for its variation involving :

(1) conversion of the town service into a mofussil service;

(2) curtailment of the sector from Erode Railway Station to Erode Bus Stand via P.S. Park and Sathy Road;

(3) curtailment of 10 single trips between Erode Bus Stand and S.P.B. Factory;

(4) curtailment of 2 single trips between S.P.B. Factory and Tiruchengode; and

(5) extension of route from Tiruchengode to Salem via Mallasamudram, Attayampatti and Ariyanur.

2. It may be mentioned here that while Erode Railway Station, P.S. Park and Bus Stand are in Periyar District, Pallipalayam, S.P.B. Factory, S.P.B. Colony and Tiruchengode are in Salem District of Tamil Nadu. The existing permit is, therefore, an inter-regional permit. The entire route between Tiruchengode and Salem in respect of which extension of the permit was sought is also in Salem District. The application for variation made by the appellant was duly notified under section 57(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) and representations/objections thereto were invited. Thereafter the Regional Transport Authority heard the appellant and others who had filed objections and representations and passed a resolution on June 1, 1984 rejecting the said application. It held inter alia that the conversion of the town service into a mofussil service and curtailment of 10 trips between Erode Bus Stand and S. P.B. Factory and 2 trips between S.P.B. Factory and Tiruchengode were not in the public interest. It also held that the entire sector in respect of which the extension was sought lay within Salem District, that the said sector was well-served by stage carriage services and that it was not proper for it to grant the extension since the entire route between Tiruchengode and Salem lay within the jurisdiction of the Regional Transport Authority, Salem. On these grounds the Regional Transport Authority of the District of Periyar found that there was no ground for granting the variation prayed for. Aggrieved by the resolution of the Regional Transport Authority of the District of Periyar, the appellant preferred an appeal before the State Transport Appellate Tribunal, Madras (hereinafter referred to as the Tribunal). The Tribunal after hearing the parties allowed the appeal and granted the variation (including the extension) applied for with slight modification. The Tribunal directed that the appellants bus should perform the following pattern of trips :

(1) two single trips from Erode Railway Station to Salem;

(2) four single trips from Erode Bus Stand to Salem; and

(3) four single trips from Erode Railway Station to Tiruchengode.

3. It directed the Secretary of the Regional Transport Authority, Periyar District at Erode to fix suitable timings within six weeks from the date of the receipt of the order. The appeal was accordingly disposed of on April 19, 1985. In its proceedings dated 4-10-1985 the Secretary, Regional Transport Authority, Periyar District, Erode fixed the timings as directed by the Tribunal but since in the meanwhile a stay order had been issued by the High Court in some civil revision petitions and a writ petition filed by some