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1990 Supreme(Ker) 337

VISWANATHA.IYER, MALIMATH
Girija Devi – Appellant
Versus
K. T. Mathew – Respondent


Judgment :-

Malimath, CJ.

The Regional Transport Authority granted a stage carriage permit to the appellant for a slightly different route than the one in respect of which he had applied for the stage carriage permit. The first respondent is a stage carriage operator of a portion of the route applied for by the appellant viz, Ponkunnam„ Paika, Palai. He appears to have submitted before the Regional Transport Authority that the appellant cannot be granted a Fast Passenger Stage Carriage Permit, on the ground that such permit can be granted only in respect of routes of a particular distance and that too in favour of existing fleet operators. Ultimately, the Regional Transport Authority granted a permit, excluding the sector on which the first respondent operates and granting a permit in respect of slightly deviated route-Ponkunnam (Via) Elampilly, Pallickathodu, Palai, and so on. As regards the timings, the parties were required to be heard.

2. The appellant challenged the decision of the Regional Transport Authority before the State Transport Appellate Tribunal. The Tribunal set aside the order of the Regional Transport Authority and granted the application for the grant of the permit








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