KAMALA BHASKARA MENON Vs. STATES

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution of India for a writ of mandamus. The petitioner is the proprietorix of a public transport Company running buses in various routes. One of such routes is Edacochi-Kodanad via., Ernakulam, Alwaye and Perumbavoor. The first counter petitioner represents the State of Travancore - Cochin. The 2nd counter petitioner represents the Transport Authority of Travancore - Cochin. The 3rd counter petitioner is the proprietor of a public transport concern known as Jai Hind Motor Service. The 4th counter petitioner is the Managing Director of another public transport concern, namely, The Swaraj Motors Ltd., Kottayam.

(2.) The petitioner is running two buses in the Edacochi-Kodanad route more than two years past. On the 16th May 1950 the Transport Authority published in the Government Gazette a Notification to the effect that no further applications would be entertained for permits running buses along certain routes until otherwise notified. Two such routes are Edacochi-Kodanad and Palai-Alwaye.

(3.) On 3.7.1950 the 3rd counter petitioner applied for a route between Bharananganam and Ernakulam via Perumbavoor and Alwaye. The major portion of the route is covered by Edacochi-Kodanad route and Palai-Alwaye route mentioned in the Notification of 16th May 1950. The Transport Authority rejected that application. The 3rd counter petitioner preferred an appeal to Government from the order of the Transport Authority and Government allowed the appeal and ordered the Transport Authority to issue a permit to the 3rd counter petitioner. It is alleged that this order of Government is ultra vires of the powers of the Government under the Motor Vehicles Act, and the prayer in the petition is for quashing the order and for issuing a writ of mandamus restraining the 2nd counter petitioner from issuing the permit to the 3rd counter petitioner.