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1980 Supreme(Ker) 20

V.P.GOPALAN NAMBIYAR, V.BALAKRISHNA ERADI, G.VISWANATHA.IYER
NARAYANAN – Appellant
Versus
R. T. A. , TRICHUR – Respondent


Judgment :-

1. The common question of law arising in these cases for an authoritative pronouncement on which these writ petitions have been referred to a Full Bench is whether under the relevant provisions of the Motor Vehicles Act and the rules framed thereunder an applicant for the grant of a stage carriage permit, who had specified in his application itself the particulars of the vehicle which he proposes to put on the road in the event of the permit being granted in his favour, is entitled merely, on that account, to be preferred for the grant of the permit in relation to other applicants who, though shown to be possessed of equal or even better qualifications as on the date of consideration of the matter by the Regional or State Transport Authority, had not specifically furnished in their applications the particulars of the vehicles proposed to be used by them for operating the service in the event of the permit being granted to them. In Vypeen Transport Corporation (P) Ltd. & Others v. State Transport Appellate Tribunal, Trichur & Others, 1960 KLT. 1058, a Division Bench of this court observed:

"S. 20(2) of the Act defines 'permit' as the document authorising the use of a tran


























































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