Palakkad Jilla Private Bus Operators Association vs The Regional Transport Authority Palakkad

K. Surendra Mohan, J.—The petitioners have filed this writ petition complaining that the Secretary, RTA is granting temporary permits to stage carriage operators, in the place of others u/s 87(1)(c) of the Motor Vehicles Act, 1988, without entering any finding as to the existence of the need. Since only temporary permits of 20 days duration are being granted, it is not possible to challenge the same before any higher authorities for want of time. The petitioner has therefore sought the following reliefs:- i) issue a writ of mandamus or any other writs, order or direction to consider Ext.P1 objection against the grant of temporary stage carriage permits in Palakkad district, by giving a hearing opportunity to the petitioner.

ii) to declare that the respondents authorities cannot grant the temporary stage carriage permit, including on the scheme of nationalisation areas and also on other routes, in place of other services without finding temporary need and without endorsing such need in those proceeding and also without hearing the affected parties even as mentioned in the citation Mohanan Vs. R.T.A. and Others, .

iii) grant such other reliefs as this Honourable Court may deem fit and proper.

Having heard the counsel for the petitioners, I am not satisfied that the petitioners have suffered any prejudice due to the act that is complained of in this writ petition. No specific instance is pointed out where temporary permits have been granted indiscriminately and in violation of the stipulations contained in Section 87(1)(c) of the Motor Vehicles Act, 1988. The complaint made is too general in nature and does not merit the issue of any specific direction. Since the authority has been conferred with the power to grant temporary permits in situations that warrant the issue of such permits, no mandamus as sought for can be granted interdicting the authority from doing so. The petitioner also cannot claim a right of hearing while considering the claim of another operator for the grant of a temporary permit. I do not find any grounds to entertain this writ petition. The same is accordingly dismissed.