JAY AND COMPANY P R NATARAJAN KANAH MOTOR TRANSPORTS Vs. REGIONAL TRANSPORT AUTHORITY MADURAI:REGIONAL TRANSPORT AUTHORITY:STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners in these writ petitions claim that they are entitled to operate the services on the basis of temporary permits granted to them in pursuance to S. 16 of the Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act (Act No. 12 of 1973) even though the period of these permits has expired and the Act has been declared invalid by the Madras High Court.

(2.) The petitioners contend that they were operating their respective services on January 14, 1973 when Ordinance No. 1 of 1973 was promulgated and which was subsequently superseded with retrospective effect from January 14, 1973 by the Tamil Nadu Act No. 12 of 1973, that under S. 16 of that Act, as operators running vehicles on January 14, 1973, they were eligible for temporary permits, that they obtained temporary permits in pursuance thereof and, therefore, they are entitled to operate their services, notwithstanding the fact that the Act No. 12 of 1973 has been declared invalid by the High Court, as they cannot get any pucca or temporary permit from the Regional Transport Authority for running their services under the Motor Vehicles Act.

(3.) The State of Tamil. Nadu has preferred appeals against the order declaring the Ordinance and the Act as invalid and the appeals are pending in this Court.