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1985 Supreme(Ker) 182

K.BASKARAN, BHASKARAN NAMBIAR
MANIKANDA KUMAR – Appellant
Versus
RAMAKRISHNAN – Respondent


Judgment :-

1. By Ext. P6 Judgment dated 26-4-1985, the 4th respondent the State Transport Appellate Tribunal (STAT) set aside Ext. P1 proceedings of the 2nd respondent, the Regional Transport Authority (RTA) dated 31-1-1985 granting a regular stage carriage permit to Vehicle KLL 3036 of the 1st respondent (petitioner in the O.P.) and remitted the applications of the appellant (1st respondent in the O.P.) and the 1st respondent to the 2nd respondent "for consideration afresh in accordance with law and in the light of the above observations" the reason for the remand stated being: (1) the appellant appeared to have been denied a proper hearing; and (2) his qualifications did not appear to have been properly compared with those of the 1st respondent. This order, Ext. P6, was challenged in O.P.4965/1985 at the instance of the 1st respondent. The learned judge by judgment dated 31-5-1985, disposed of the Writ Petition in the following terms: "xxx xxx xxx xxx

3. In view of the various decisions of this court particularly the one reported in Narayanan v. R.T.A., Trichur (1980 K.L.T.249) I am of the view that the said apprehension is baseless. The RTA in matters like this, cannot take into














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