R VENKITARAMAN Vs. CENTRAL ROAD TRAFFIC BOARD TRIVANDRUM

JUDGEMENT

(1.) This is an appeal from the judgment of Subramonia Iyer, J. in O. P. No. 6 of 1953 denying the petitioner's prayer for quashing (with incidental reliefs) the order of the Central Road Traffic Board, Trivandrum, dated the 18th January 1953 (Ext. A).

(2.) By the said order the Central Road Traffic Board, Trivandrum, declared the permit issued to the petitioner's bus, No. T. C. T. 1677, invalid and directed that the further continuance of the service in pursuance of that permit should be stopped. The permit concerned is Ext. F, issued on the 24th September 1952, and the circumstances in which that permit was issued and the reason for its cancellation are summarised in paragraphs 3 and 4 of Exhibit A as follows:--

(3.) The only question that arises for consideration is whether Ext. F was a permit that was invalid for the reason that the Secretary who issued it had no right to issue the same on the date it was issued or whether it was a valid permit which could be cancelled only under the provisions of S.60 of the Travancore Cochin Motor Vehicles Act, 1125, (Act X of 1125). If the provisions of S.60 were attracted there can be no doubt that they had not been complied with and that the cancellation effected by Ext. A was clearly unsustainable. If on the other hand Ext. F was void ab initio on the ground that it was issued by the Secretary in excess of his authority, no question of a cancellation under S.60 will arise and the Central Road Traffic Board, Trivandrum, was within its rights in treating the permit, as they have done, as invalid and of no value.