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1993 Supreme(Online)(Ker) 51

KERALA HIGH COURT
S. R. K. Das, J
Quilon Dt. M. T. W. Coop. Society v. RTA


Table of Content
1. petitioner is a cooperative society seeking permit renewal. (Para 1 , 2)
2. arguments concerning rights under prior statutes were presented. (Para 3 , 4)
3. court assessed legislative intent regarding permit renewals. (Para 5 , 6 , 7)

1.The petitioner is a Cooperative Society. The petitioner has approached this court praying for the issue of a writ of certiorari to quash the orders Exts. P1 and P3 rejecting the claim of the petitioner for renewal of the permit to it on the route Kundara-Chinnakada for a period of five years from 23-12-1990. The petitioner was conducting the service on the said route on the basis of a regular permit which was valid upto 22-12-1990. When the permit was about to expire the petitioner made an application for renewal. The permit originally held by the petitioner was under the Motor Vehicles Act, 1939. By the time the petitioner applied for renewal, 1939 Act had been replaced by Motor Vehicles Act, 1988. The route in question was of 22 Kms. The first respondent RTA rejected the application in its view that the permit granted under the 1939 Act cannot be renewed under the Act of 1988. It was observed that the applicant had to make an appli












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