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1998 Supreme(Ker) 470

K.S.RADHAKRISHNAN
Joy – Appellant
Versus
Regional Transport Authority – Respondent


Judgment :-

K.S. Radhakrishnan, J.

I heard counsel for the petitioner as well as learned Government Pleader. Judgments of the State Transport Appellate Tribunal, Ernakulam, vide Exts. P5 and P6, directing the Regional Transport Authority, Ernakulam to grant temporary permits as such may not be strictly legal. This Court in O.P. Nos. 12492 and 12940 of 1998 has declared that State Transport Appellate Tribunal has no power to grant permits, which is a function of the Regional Transport Authority. Consequently, Tribunal has no power to direct the Regional Transport Authority, Ernakulam to grant temporary permits. Tribunal can only in appropriate cases set aside the order and remit the matter to the Regional Transport Authority to decide the matter in accordance with law or allow the appeal in toto. Since there is no challenge in the O.P. against Exts. P5 and P6,1 am not inclined to interfere with those orders. Counsel for the petitioner wanted a similar treatment as was done by the Tribunal in the case of appellant in Ext. P6 judgment.

2. Counsel for the petitioner pointed out in almost identical fact situation, Tribunal passed contradictory orders on the same day. I have gone through E




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