AIR 2000 KERALA 54 ::1999 (2) Ker LJ 461 ::ILR(ker) 1999 (3) KER 699

Kerala High Court

Hon'ble Judge(s): Ar. Lakshmanan, S. Sankarasubban , JJ

(A) Motor Vehicles Act (59 of 1988) , S.87(1)— Kerala Motor Vehicles Rules (1989) , R.133(1)(j)— Temporary permit - Grant of - Order passed without jurisdiction - Is non-appealable order - Writ Petition against is proper and effective @page-Ker55remedy. Constitution of India , Art.226— (Para 6 10) (B) Motor Vehicles Act (59 of 1988) , S.87(1)— Temporary permit - Grant of - Either the Regional Transport Authority or its secretary alone has the power - Order granting temporary permit issued by Secretary RTA on direction of Chairman, RTA - Is illegal and without jurisdiction. (Para 10) (C) Constitution of India , Art.226— Locus Standi - Grant of temporary permit on particular route under Motor Vehicles Act - Petitioner, an operator already operating on same route - Can file a writ petition to challenge grant of temporary permit. (Para 12) (D) Motor Vehicles Act (59 of 1988) , S.87(1)— Temporary permit - Grant of - Positive finding of a temporary need and the statement of reasons generally supporting that finding - Necessary - RTA should p....