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Judgment
The unsuccessful appellants in W.A. Nos. 1026 and 1027 of 2012 are the applicants in these review applications.
The appellants are Stage Carriage Operators. The applicants obtained permit for their reserve bus to ply as peak hour service. The renewal applications submitted by the applicants were considered by the Regional Transport Office, Tiruchirappalli in accordance with the provisions of the Motor Vehicles Act. The Regional Transport Officer, having found that the earlier peak hour services were given only to meet the temporary need and there is no provision to issue such permits under the Motor Vehicles Act, 1988, rejected the applications for renewal. The said order was unsuccessfully challenged before the appellate authority as well as before the writ court.
We have considered the contentions taken by the review applicants in the intra-court appeals and having found no merit, dismissed the appeals. The applicants have now come up with these two review applications on the sole ground that the Government Order in G.O.Ms. No. 1674, Home Department, dated 04.06.1960 permits the grant of peak hour service and the said document was not produced before this court earlier.
The learned Senior Counsel appearing for the review applicants submitted that the findings given by this court that there is no provision for issuance of peak hour service is liable to be reviewed in view of the Government Order in G.O.Ms. No. 1674, dated 4.6.1960. The learned Senior Counsel, by placing reliance upon Section 217(2) of the Motor Vehicles Act, 1988 contended that all regulations issued earlier would continue to be valid notwithstanding the repeal of the earlier Act. The learned Senior counsel, therefore, wanted us to review the judgment and to issue a direction to the respondents to grant peak hour service permit to the review applicants.
The Government Order in G.O.Ms. No. 1674, dated 4.6.1960 was issued under the Motor Vehicles Act, 1939. There is no provision under the Motor Vehicles Act, 1988 to grant peak hour service permits. There should be a specific provision under the Act to grant such permits.
The learned Senior Counsel for the applicants contended that there is no prohibition for issuance of peak hour service permits and as such the Government Order in G.O.Ms. No. 1674 is not inconsistent with the provisions of the Act. We are not in a position to accept the said submission.
The Motor Vehicles Act, 1988 provides for issuance of stage carriage permit. The Act does not contain any provision empowering the Transport Authorities to issue peak hour service permits. The grant of permit is governed by the provisions of the Motor Vehicles Act, 1988. There should be a specific provision empowering the authority to issue the permit. In the absence of any authority under the Motor Vehicles Act, 1988 providing for grant of peak hour service permit, any Government Order issued earlier would be inconsistent with the provisions of the Act. The Government Order, dated 4.6.1960 would not have any application after the introduction of the new Motor Vehicles Act, 1988.
We are, therefore, of the view that the applicants have not made out any case to review the judgments in intra-court appeals in W.A. Nos. 1026 and 1027 of 2012.
In the result, both the review applications are dismissed. No costs.