V DAMODARAN Vs. DIRECTOR STATE TRANSPORT DEPARTMENT TRIVANDRUM

JUDGEMENT

(1.) This petition challenges the validity of a scheme of road transport service approved under S.68P of the Motor Vehicles Act, 1939. Sub-section 1 of that section provides:

(2.) The objections in this case were heard by the Public Works Secretary and the order overruling the objections and approving the scheme was passed by the Minister for Transport. According to the petitioner such a proceeding is clearly unsustainable and the resultant scheme has to be quashed by an appropriate writ or direction from this court under Art.226 of the Constitution.

(3.) The submission is clearly supported by the decision of the Supreme Court in AIR 1959, SC 308, wherein it was held that such a disposal offends a basic principle of judicial procedure. The Supreme Court said: