K KUMAR Vs. SECRETARY STATE TRANSPORT AUTHORITY PONDICHERRY

JUDGEMENT

(1.) The petitioner is a holder of a contract carriage permit to operate within Union Territory of Pondicherry in respect of the vehicle bearing Regn. No. TN-49-A-2223. The said vehicle had a seating capacity of 57 in all. Since the vehicle was very old and the seating arrangement in the vehicle was crumbled one and the public did not like the seating arrangement which resulted in a thin traffic potential in the vehicle, the petitioner applied on 30-1-2001 for replacement of the said vehicle by a later model vehicle with seating capacity of 36 in all. The said application for replacement of the vehicle was rejected by the respondent on 7-3-2001. The petitioner has approached this Court challenging the said order of the respondent dated 7-3-2001 and for a consequential direction to the respondent to receive the application of the petitioner dated 30-1-2001 for replacement of vehicle and allow the replacement.

(2.) The impugned order of the respondent reads as follows :- "With reference to his application cited on the subject mentioned above, Thiru K. Kumar, permit holder of Permit No. CC/279/PY/95 (valid up to 12-12-2005) covered by vehicle Regn. No. TN49/A2223 is hereby informed that the proposal for replacement of vehicle with lesser seating capacity than that of the existing vehicle (21 seats lesser) cannot be considered favourably at present, takng into account of the fall of revenue to Government.

(3.) Fees paid by the permit holder for the present proposal under reference, towards replacement of vehicle, will be refunded, on a requisition from him. The records received in original, are returned herewith. (By Order) Sd/- 7-3-2001 Assistant Secretary-II State Transport Authority