R. Rajendra Babu, J.

O.P. 17712/2001

Petitioner K.T. Sureshan applied for four months temporary permit on the route Chaliam-Providence College a city permit as notified by the RTA, Kozhikode in the vacancy of stage carriage bearing Reg.No. KLZ 9659, having a valid regular permit till 16.6. 2000. The permit holder had not renewed the permit and hence there was vacancy for conducting service as a substitute one. Another operator also had applied for four months temporary permit on the above route. Both the applications were rejected by the RTA, Kozhikode as per Exhibit P! proceedings dated 6.2.2001 holding that as per SRO 891/2000 the number of stage carriages in Kozhikode city had been limited to 400 and the above number of regular permits had already been exhausted. The petitioner filed this original petition challenging Exhibit P3 notification, i.e., SRO 891 /2000 issued by the government under sections 71(3) of the Motor Vehicles Act (hereinafter referred to as 'the Act') Limiting the number of permits, as utravires the provisions of Section 71 (3) (a), (b) and (c) of the Act. It was further contended that the reservation of 40 permits in favour of the State Transport U