K.S.RADHAKRISHNAN
Benny Mathew – Appellant
Versus
Mohanan – Respondent
K.S. Radhakrishnan, J.
Question that falls for consideration in these cases is whether Secretary of a Regional Transport Authority could issue temporary permits on inter-district routes without concurrence or countersignature from a Regional Transport Authority or Regional Transport Authorities of other region or regions and whether powers conferred on a Regional Transport Authority under R.170 of the Kerala Motor Vehicles Rules could be exercised by its Secretary.
2. The Motor Vehicles Act, 1988 has authorised the State Government under Section 68 of the Act to constitute for the State a State Transport Authority and in the like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (regions) as may be specified in the gazette notification in respect of each Regional Transport Authority the powers and functions conferred by or under Chapter V of the Act. A State Transport Authority or Regional Transport Authority so constituted consists of a Chairman, who has had judicial experience or experience as an appellate or revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law.
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