WPC 24227/06

The point that arises for decision in this case, is whether the State Transport Authority, by issuing administrative instructions, can fetter the discretion of the RTA in granting temporary permits under Section 87(1)(c) of the Motor Vehicles Act. The brief facts of the case are the following:

2. The petitioner is a stage carriage operator, operating on the route Kottayam-Puthenthodu. He applied for a temporary permit on the route Puthenthode-Kottayam, for a period of 20 days. But, the permit was granted, only for a period of five days, as evident from Ext.P1. The term of the permit was restricted to five days, relying on clause 4 of Ext.P2 circular issued by the State Transport authority. The relevant clause of the said circular reads as follows:

“Temporary Permits under clause (c) of the section shall be granted only for a period not exceeding five days at a time.”

The Petitioner submits, the above clause is plainly ultra vires of and unauthorised by the provisions of the Act. While granting a temporary permit, the RTA or the Secretary is exercising a quasi-judicial function. The said power cannot be fettered by administrative instructions like Clause 4 of Ex