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1987 Supreme(SC) 144

A. Vishwanathan – Appellant
Versus
State Transport Appellate Tribunal, Pondtcherry – Respondent


Advocates:
K.R.NAMBIAR, R.VENKATARAMANA, S.SRINIVASA VARMA

Judgment

VENKATARAMIAH, J.:- This appeal by special leave is filed against the order dated April 3, 1986 passed by the State Transport Appellate Tribunal, Pondicherry, (hereinafter referred to as the Tribunal) setting aside a temporary permit to ply a stage carriage issued in favour of the appellant in respect of the route Pondicherry to Madras via Thirukanur, Vikaravandi, Tindivanam and Chingleput under S. 62, Motor Vehicles Act, 1939, (hereinafter referred to as the Act) and granting it in favour of respondent 2 A. Balasundaram for the remaining period of the temporary permit, i.e., up to May 31, 1986. The period of the temporary permit having come to an end no further orders are necessary as regards the person who could operate a stage carriage under that permit. This appeal could have been disposed of with this observation but we are compelled to pronounce a detailed order in this case having regard to the slackness that is creeping into the manner in which the provisions of the Act are being administered by some transport authorities.

2. Chapter IV of the Act deals with the control of transport vehicles. Section 42 of the Act lays down that no owner of a transport vehicle shall































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