2008 (2) TMI 971 - HC - Indian Laws

Summary

Issues Involved: Review of judgment dismissing writ petition for stage carriage permit application u/s Act 41 of 1992.

Issue 1: Background and Previous Proceedings
The Review Application was filed to reconsider the judgment in W.P. No. 36675 of 2002, where the writ petition by the petitioner was dismissed. The case involved applications for a stage carriage permit on a specific route, with multiple legal proceedings and orders issued by the Regional Transport Authority (RTA) and the High Court.

Issue 2: Legal Validity of RTA's Decision
The RTA initially decided to grant the permit to Thirumalai Transport Service, leading to subsequent legal challenges and orders. The petitioner's application for a certified copy of the proceedings was dismissed based on the nullity of the RTA's actions, as determined in previous judgments and appeals.

Issue 3: Appeal and Appellate Authority's Decision
The petitioner's appeal to the State Transport Appellate Tribunal was dismissed under Section 7 of Act 41 of 1992, leading to the filing of W.P. No. 36675 of 2002. The High Court observed that the RTA's decision and communication were valid, despite technical inaccuracies in the appellate authority's order.

Issue 4: Review Application and Legal Analysis
The petitioner sought a review based on the provisions of Act 41 of 1992, arguing that their application should have been considered. However, the Court emphasized that a review is not an appellate process and should only address glaring errors. The previous Division Bench's reasoning and observations were deemed applicable to the petitioner's case, leading to the rejection of the review application.

Conclusion
The Court dismissed the Review Application, stating that the petitioner's contentions, though attractive, did not warrant a review due to the limited scope and the consistency of previous judgments. The protective umbrella of Act 41 of 1992 was found not to apply to the petitioner, and their failure to challenge previous decisions before the appellate forum weakened their current argument.