SYED YAKOOB Vs. K S RADHAKRISHNAN

JUDGEMENT

(1.) The short question which this appeal raises for our decision relates to the limits of the jurisdiction of the High Court in issuing a writ of certiorari while dealing with orders passed by the appropriate authorities granting or refusing to grant permits under the provisions of the Motor Vehicles Act, 1939 (hereinafter called 'the Act').

(2.) The State Transport Authority, Madras, (hereinafter referred to as Authority) issued a notification on July 4, 1956 under S. 57(2) of the Act calling for applications for the grant of two stage carriage permits to run as an express service on the route Madras to Chidambaram. 107 applications were received in response to the said notification: some of these were rejected as time barred or otherwise defective, and the others which were in order were examined by the Authority.

(3.) On May, 8, 1957, the Authority found that Provincial Transport (Private) Ltd., Madras, was the most suitable amongst the applicants and granted one permit to it. As regards the second permit, the authority held that none of the other applicants was suitable, and so, it refused to grant the said permit to anyone of them; it decided to call for applications afresh under S. 57(2) of the Act.