Full Judgment
Thottathil B. Radhakrishnan, J.
1. The Writ Petitioner and the second respondent are stage carriage operators.
2 . According to the petitioner, the route referred to in Paragraph 2 of this Writ Petition is a route in respect of which there is a notification in terms of Section 104 of the Motor Vehicles Act, 1988, hereinafter referred to as the 'Act'. The complaint of the petitioner is that the first respondent, Secretary of the Regional Transport Authority is, without any authority, granting temporary permits under the proviso to Section 104, also to the second respondent.
3. The second respondent submits that he has filed an application for regular permit and an application for temporary permit under Section 87 of the Act.
4. The proviso to Section 104 of the Act provides for grant of temporary permits by the State Transport Authority or the Regional Transport Authority, hereinafter, the 'RTA', for short, as the case may be, under certain situations. The delegation of powers by the RTA to its Secretary is governed by Rule 133 of the Kerala Motor Vehicles Rules, 1989, hereinafter referred to as the 'Rules'. Sub-rule 1 of Rule 133 provides for delegation by the RTA, by general or special resolutions, to the Secretary, any or all of the functions enumerated as (a) to (s) under the said sub-rule. So much so, the statutory power of the RTA to delegate in terms of Rule 133 of the Rules is confined to matters, which are enumerated under Sub-rule 1. The power to grant a temporary permit under the proviso to Section 104 of the Act is not among those enumerated under Sub-rule 1 of Rule 133. In the absence of such power, the RTA cannot delegate the power to grant a temporary permit under the proviso to Section 104. to its Secretary. Therefore, the first respondent Secretary is not entitled to grant any temporary permit under the proviso to Section 104 of the Act. It is so declared. Following the interim order dated 23-6-2006, he is injuncted from doing so.
5. The power to grant a temporary permit under Section 87 of the Act can be delegated by the RTA to its Secretary, going by Rule 133(1)(j) of the Rules. If the RTA, of which the first respondent is the Secretary, has grained such delegation, it will be open to the first respondent to consider the question of grant of permit on any application of the second respondent for temporary permit under Section87 of the Act. However, such temporary permit cannot be granted without being satisfied of the existence of situation/ situations as are enumerated in Clauses (a) to (d) of Sub-section 1 or those under Sub-section 2 of Section 87 . It cannot also be on the basis of any grant of a temporary permit, if already made under the proviso to Section 104, since, any temporary permit, if granted under Section 104, is clearly illegal. It is so declared.
Writ Petition is disposed of directing that the first respondent will follow the declarations of law as above in dealing with applications for temporary permits.