M SHAJAHAN Vs. B DHANALAKSHMI

JUDGEMENT

(1.) THE above writ appeals raise common questions for adjudication. Hence, they are taken up together for disposal by this order.

(2.) THE appellants, in all the writ appeals, are the stage carriage operators in Tiruchirappalli town operating on certain routes under valid permits. THE respective first respondent, in all the writ appeals, are the grantees of mini bus permits to ply on the routes in which the appellants are also plying their vehicles. For convenience, the appellants will be hereinafter referred to as the "persons aggrieved" and the respective first respondent will be hereinafter referred to as the "grantees" of the permits.

(3.) POINT No.2: There is no dispute that a mini bus is a stage carriage, as defined under Section 2(4) of the Act. In terms of Section 69 of the Act, every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles. As the issue in these writ appeals relate to the applications for permits within the state, we do not refer the proviso to the said section. A person intending to apply for stage carriage permit shall make an application, in terms of Section 70 of the Act, with particulars. The said section reads as under:- "70. Application for stage carriage permit.-(1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:- (a) the route or routes or the area or areas to which the application relates; (b) the type and seating capacity of each such vehicle; (c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips; Explanation.- For the purposes of this section, Section 72, Section 80 and Section 102, "trip" means a single journey from one point to another, and every return journey shall be deemed to be a separate trip:; (d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; (f) such other matters as may be prescribed. (2) An application referred to sub-section (1) shall be accompanied by such documents as may be prescribed." Section 71 relates to the procedure to be followed by the Regional Transport Authority in considering the application. Section 72 relates to the grant of stage carriage permits. Sub-section (1) of Section 72 is relevant for our consideration, which reads as under:-