The court established that overloading is a breach of the permit condition and that the Road Traffic Board had no power to suspend the competency certificate of the drivers for overloading.

1. O.P. No. 3 of 1956 is by the owner of bus T.C.Q. 1119. He has a permit to run the bus on the Haripad-Kozhencherri route. O.P. No. 7 of 1956 is by the driver of that bus. On 26.5.1955, the Circle Inspector of Police, Pathanamthitta, checked the bus at Nanukkadu. He reported to the Secretary, Road Traffic Board, Quilon, that the bus was found overload. The Board called for the explanations of the owner and the driver. The owner gave an explanation to the effect that there was no overloading and that he was not responsible for the overloading if any. The driver also denied the charge of overloading and also stated that even if there was overloading he was not responsible for the same. The Road Traffic Board suspended the permit of the bus for 6 months and also suspended the competency certificate of the driver for 6 months. Both the owner and the driver appealed to the Central Road Traffic Board. The Central Road Traffic Board reduced the period of suspension of the bus to one week and the period of suspension of the competency certificate of the driver to one month. In other respects the order of the Road Traffic Board was confirmed.

2. O.P. No. 8 of 1956 is by the driver of bus T.C.Q. 997 running along the Haripad-Chengannor route and O.P. No. 10 of 1956 is by the owner of that bus. On 15.5.1955, the District Superintendent of Police, Quilon, checked the bus at Kollakadavu and reported to the Road Traffic Board, Quilon, that there was overloading in the bus. The Road Traffic Board asked for explanations of the owner and the driver. The driver denied the charge of overloading and also denied his responsibility even if there was overloading. The owner also denied responsibility for overloading in the bus. The Road Traffic Board suspended the permit of the bus for 6 months and the competency certificate of the driver for 6 months. In appeals filed by the owner and by the driver, the Central Road Traffic Board reduced the period of suspension of the competency certificate of the driver to 3 months and the period of suspension of the permit to 2 weeks.

3. O.P. No. 9 of 1956 is by the owner of bus T.C.Q. 1758 running along the Haripad-Pathanamthitta route and O.P. No. 11 of 1956 is by the driver of that bus. On 15.5.1955, the District Superintendent of Police, Quilon, checked the bus near Kollakadavu and reported to the Road Traffic Board, Quilon, that there was overloading in the bus. The Road Traffic Board called for the explanations of the owner and the driver. The owner gave an explanation to the effect that he was not responsible for the overloading. The driver denied the charge of overloading. He also denied his responsibility in the matter. The Road Traffic Board suspended the permit of the bus for a period of 6 months and the competency certificate of the driver for 6 months. In appeals filed before the Central Road Traffic Board, the suspension of the permit was reduced to 2 weeks and the suspension of the competency certificate of the driver was reduced to 3 months.

4. O.P. No. 61 of 1956 is by the owner of bus, T.C.T. 1793 running along the Quilon - Kulathupuzha route. On 22.2.1956, the Inspector-General of Police checked the bus at Adichanallor and made a report to the Road Traffic Board, Quilon, that there was overloading in the bus. The Road Traffic Board called for the explanation of the owner. The owner stated that he was not responsible for the overloading. The Road Traffic Board suspended the permit of the bus for a period of 3 months. The owner filed an appeal before the Central Road Traffic Board and applied for stay of the order of the Road Traffic Board. The Central Road Traffic Board refused to grant the stay. The owner then filed the Original Petition for a writ of certiorari quashing the order of the Road Traffic Board, Quilon. O.Ps. Nos. 3, 7, 8, 9,10 and 11 are for the issue of writs of certiorari quashing the orders of the Road Traffic Board and the Central Road Traffic Board in the respective