The disqualification under Section 81(4) of the Motor Vehicles Act 1988 is permanent, and there is no provision for reconsideration of renewal after the expiry of the 12-month period from the date of punishment.

ORDER :

(Prayer: Civil Revision Case is filed under Article 227 of Constitution of India, to set aside the judgement made in M.V.App.No.165 of 2016 dated 18.10.2019 by State Transport Appellate Tribunal Chennai, consequently direct the respondent to renew the petitioner mini stage carriage permit in respect of bearing registration No.TN-72-AM-1234.)

The present revision petition has been filed by a stage carriage mini bus operator challenging an order passed by the State Transport Appellate Tribunal.

2. The petitioner is the holder of the stage carriage mini bus permit and the permit was valid up to 10.04.2016. The petitioner had submitted a renewal application on 08.09.2016 with a delay of 150 days along with a medical certificate.

3. On 05.10.2016 the petitioner was issued with a show cause notice why action should not be initiated against him for operating the vehicle without renewing the permit. The petitioner had submitted an explanation on 13.10.2016 admitting his delinquency and requested to forgive him and to renew the permit.

4. An enquiry was conducted on 15.11.2015 and the petitioner had submitted his written statement requesting to renew the permit and had given an undertaking that he will abide by the orders of the authorities. The Regional Transport Authority by his order dated Nil.11.2016 had rejected the application for renewal of permit on the following grounds:

(a). The petitioner had operated the mini bus on a different route other than the permitted route.

(b). As per history sheet during the period between 16.02.2015 and 15.03.2016, at least on 9 occasions, the permit of the petitioner has been cancelled and a compounding fee of Rs.31,500/- has been collected from the petitioner.

(c).The petitioner has operated the vehicle on 12.04.2016 without permit and he has operated the vehicle 3.2 km beyond the permitted route.

5. The Original Authority has found that the petitioner is a habitual offender and hence, he is not entitled for renewal of permit in view of Section 81(4) of the Motor Vehicles Act, 1988. Challenging the said order, the petitioner had filed an appeal before the State Transport Appellate Tribunal, Chennai.

6. The Appellate Authority after careful consideration of the submissions made on the side of the petitioner, had confirmed the order of the Original Authority relying upon the history sheet of the vehicle of the petitioner. The said order is under challenge in the present revision petition.

7. The learned counsel for the revision petitioner had contended that the permit was given to petitioner on 11.04.2011 which was valid till 10.04.2016. The vehicle was impounded on 12.04.2016 on the alleged ground that the vehicle was operated without permit. He had further stated that an application for renewal of permit was submitted on 18.04.2016 with a delay of 150 days.

8. According to the learned counsel for the petitioner in view of Section 81(3) of the Motor Vehicles Act 1988, the Original Authority is empowered to condone the delay and receive the application for renewal of permit. Along with renewal application, the petitioner has submitted a medical certificate pointing out the reason for not applying for renewal within the prescribed period. However, the Regional Transport Authority has proceeded to invoke Section 81(4)(b) of the Motor Vehicles Act and proceeded to refuse the renewal of permit on the ground that the petitioner has been punished on more than two occasions within a period of 12 months reckoned from 15 days prior to the date of consideration of the application. The petitioner has compounded all the offences and hence, the said offence should not be put against the petitioner while considering the application for renewal of permit. Even assuming that the offences are put against the petitioner, the renewal application should have been considered after the expiry of 12 months from the last date of the offence. Hence, he prayed for allowing the revision petition.

9. Per contra, the learned coun