N GOPALAN Vs. CENTRAL ROAD TRAFFIC BOARD TRIVANDRUM

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution to call for the records relating to order No. 74/Genl/57 dated 18-10-1957 passed by the first respondent, the Central Road Traffic Board, Trivandrum and quash the same by the issue of a writ of certiorari or other appropriate writ, direction or order. The order sought to be quashed is marked as Ext. B in these proceedings.

(2.) According to the petitioner, he holds a permit for the stage carriage KLQ 1484 (TCQ 1081) running on the Kottayathukadavu - Kallada route via Kundara. The second respondent holds a permit for stage carriage TCQ 47 and 2149 running on the Kottayathukadavu - Kundara route, the terminal point for which has been fixed at Kundara by the Road Traffic Board as C. P. Junction, Kundara. The order fixing the said C.P. Junction as the terminal point is the one dated 30-3-57 and marked as Ext. A.

(3.) Against the order of the Road Traffic Board fixing the terminal point, the second respondent filed a revision before the first respondent, the Central Road Traffic Board, which by its order dated 18-10-1957, Ext. B set aside the order of the Road Traffic Board and fixed the terminal point of the route for the second respondents buses at Arumurikkada, a place nearly 2 miles east of C. P. Junction, Kundara. The petitioner contends that the order, Ex. B of the first respondent is illegal, ultra vires and passed without jurisdiction. The order is also challenged as being malafide and that under the guise of fixing a terminal point, the second respondent has been allowed to run his buses on a route without complying with the provisions of the Motor Vehicles Act. It is also contended that the first respondent has no Jurisdiction to entertain the revision against the order of the Road Traffic Board. The basis of this contention, according to the applicant, is that the constitution of the first respondent Board is contrary to the provisions of S.44 of the Act. The Chairman and Sri N. R. Srinivasa Iyer, Deputy Inspector General of Police, are disqualified to be members of the Board, since both of them are members of the State Transport Advisory Board which deals with finances and other matters of the State Transport undertaking. On all these grounds the applicant prays for an order to call for the records and quash the order of the first respondent, Ex. B.