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1994 Supreme(SC) 790

K.RAMASWAMY, N.P.SINGH
Secretary, Quilon Distt. Motor Transport Workers Co-operative Society LTD. – Appellant
Versus
Regional Transport Authority – Respondent


Advocates:
B.V.DIPAK, G.Prakash, G.VISHVANATHA IYER, JOSEPH VELLAPALLY, M.A.Firoz

JUDGMENT

Leave granted.

2. This appeal arises from the judgment of the Division Bench of the Kerala High Court made in Writ Appeal No. 1169 of 1993 dated 16-9-93. The appellant is a registered co-operative society consisting of workers and it had obtained certain stage carriage permits. One among which was on the route Kundera-Chinnakkada via Anchalmood and Civil Station of 22 Kilometers distance. The appellant had obtained the permit under S. 58 of the Motor Vehicles Act, Act IV of 1939 on December 23, 1987 for a period of three years which stood expired by December 22, 1990. In the meanwhile, the Motor Vehicles Act No. 59 of 1988 (for short the Act) has come into force on July 1, 1989 in relation to the State of Kerala. The appellant made an application to the Regional Transport Authority, Kollam, on January 4, 1991 seeking renewal of the permit. The Regional Transport Authority rejected the application on the ground that there is no power under the Act to grant renewal to a permit granted under Act IV of 1939. When the appellant carried the matter in appeal, State Transport Appellate Authority confirmed the same and the High Court by the learned single Judge and the Division Benc






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