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1997 Supreme(Ker) 49
Judges : K.S.RADHAKRISHNAN
Hassan Kunju - Appellant
Versus
R.T.O., Pathanamthitta - Respondent
Case No : OP. Nos. 1655,1656 etc. of 1997
Decided On : 02/12/1997
Advocates Appeared :
M.K. Chandramohan Das & K. Radhakrishnan For Petitioner Government Pleader (C.K. Pavithran) For Respondents
The Regional Transport Authority has jurisdiction to grant temporary permits even after the expiry of four months, provided there are sufficient and cogent reasons for granting the permits.
Headnote:
Temporary Permits - Motor Vehicles Act - S.87, S.80, R.170 - The court examined the scope of S.87 of the Motor Vehicles Act, which deals with grant of temporary permits, and its interplay with other relevant provisions of the Act. The court emphasized that the Regional Transport Authority has the power to grant temporary permits if there is a temporary need, and that the necessity of issuing temporary permits beyond four months depends upon the jurisdictional facts, including the pendency of renewal applications. The court held that the Regional Transport Authority has jurisdiction to issue temporary permits even after the expiry of four months, provided there are sufficient and cogent reasons for granting the permits.
Fact of the Case:
The petitioners operated stage carriages on the basis of permits issued by the Regional Transport Authority. They submitted applications for temporary permits, which were issued for various periods. However, the Authority declined to entertain any application for temporary permit on the ground that S.87(l)(d) of the Motor Vehicles Act does not authorize grant of temporary permit for a period exceeding four months. The petitioners challenged this decision.
Finding of the Court:
The court held that the Regional Transport Authority has jurisdiction to grant temporary permits even after the expiry of four months, provided there are sufficient and cogent reasons for granting the permits. The court directed the Authority to entertain the applications for temporary permits and dispose of them within two weeks, and to dispose of all applications for renewal of regular permits within two months.
Issues: The main issue was whether the Regional Transport Authority had the jurisdiction to grant temporary permits after the expiry of four months, pending renewal of regular permits.
Ratio Decidendi: The court emphasized that the necessity of issuing temporary permits beyond four months depends upon the jurisdictional facts, including the pendency of renewal applications. It held that the Regional Transport Authority has jurisdiction to issue temporary permits even after the expiry of four months, provided there are sufficient and cogent reasons for granting the permits.
Final Decision: The court quashed the orders of the Regional Transport Authority and directed it to entertain the applications for temporary permits and dispose of them within two weeks, and to dispose of all applications for renewal of regular permits within two months.
Radhakrishnan, J.
Petitioners were operating stage carriages on various routes on the basis of the permits issued by the Regional Transport Authority. In some cases, period of the regular permits has already expired, and in some cases, petitioners are awaiting clearance from the concerned Regional Transport Authority. Pending renewal of regular permits and completion of various formalities mentioned above, they have submitted applications for temporary permits. Temporary permits were issued by the Regional Transport Authority, Pathanamthitta to the petitioners for various periods. However, on the expiry of four months' period, Regional Transport Authority declined to entertain any application for temporary permit on the ground that S.87(l)(d) of the Motor Vehicles Act does not authorise grant of temporary permit for a period
exceeding four months. Petitioners are aggrieved by various orders issued by the Regional Transport Authority. According to petitioners, there is no legal bar in reissuing temporary permits, eventhough the period exceeds four months.
2. It has therefore, become necessary to examine the scope of S.87 of the Motor Vehicles Act, read with other relevant provisions of the Act.
3. S.87 of the Motor Vehicles Act deals with grant of temporary permits. S.87 enables the Regional Transport Authority to grant temporary permits to be effective for a limited period which shall not in any case exceed four months for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or for the purposes of a seasonal business, or to meet a particular temporary need, or pending decision on an application for the renewal of a permit. It is also open to the Authority to attach such conditions as it may think fit to the permit. However, there is a restriction in the Section that the permit will be effective for a limited period which shall not in any case exceed four months. S.80 of the Motor Vehicles Act deals with the procedure in applying for and granting permits. S.80(1) says an application for a permit of any kind may be made at any time. S.80(2) states a Regional Transport Authority shall not ordinarily refuse to grant an application for permit of any kind made at any time under the Act. A permit issued under S.80(1) has to be effective for a period of five years. The same can be renewed under S.81 of the Act on a person submitting an application not less than fifteen days before the date of its expiry. Regional Transport
Authority is also enabled to renew the permit even after the expiry of the period, if it is satisfied that the same can be entertained for good and sufficient cause. Where a permit has been renewed under S.81 after the expiry of the period mentioned in the permit, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of S.87(1) and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded. It is evident from S.81(5) that even if the period of the regular permit issued to an applicant has expired, it will relate back to the date of expiry of the earlier permit. Statute also provided for refund of the fee paid in respect of temporary permit, if any, granted during the period of the earlier permit on its renewal.
4. Application for renewal, eventhough submitted before 15 days of the expiry of the permit, seldom be entertained and sanctioned before the expiry of period of original permits, due to various reasons. On certain occasions, there will not be sitting of the Regional Transport Authority. There may also be delay in getting counter-signature from the sister authorities and there may also be some default on the part of the applicants themselves. Even in cases where the applications were not filed in time, power is given to the Authority to renew the same for goods and sufficient cause. If such applications are entertaine
