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1991 Supreme(Ker) 194

KRISHNAMOORTHY
Krishna Das – Appellant
Versus
S. T. A. T. , Ernakulam – Respondent


Judgment :-

Krishnamoorthy, J.

These Writ Appeals are against the common judgment of a learned Single Judge, reported in Rajendran v. S. T.A. T. (1991 (1) KLT 255). Two questions arise for consideration in these appeals, namely (1) whether a stage carriage permit issued under the Motor Vehicles Act, 1939 can be renewed under S.81 of the Motor Vehicles Act, 1988 and (2) whether the grounds given for rejecting an application for renewal of a permit under S.81(4) are exhaustive or only illustrative. The learned judge answered the first question in the negative and held on the second question that the grounds given in S.81(4) for rejection of an application for renewal are exhaustive and not illustrative.

2. The appellant in W.A. No. 34 of 1991 was the petitioner in O.P. No. 10080 of 1990 and he was operating 9 stage carriage services on different routes. When the period of the permits of 4 stage carriages was nearing expiry, he applied for renewal of those permits before the Regional Transport Authority, under the provisions of the Motor Vehicles Act, 1988. The Regional Transport Authority held that in view of S.71(4) of the 1988 Act, he is not entitled to get renewal of the permits. Th

























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