NADAR TRANSPORTS TIRUCHIRAPALLI BY ITS MANAGING PARTNER Vs. THE STATE OF MADRAS, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, MADRAS AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the judgment of our learned brother, Subba Rao, J., dismissing an application for the issue of a writ of certiorari to quash the orders of the State of Madras and the Central Road Traffic Board dated 14 -5 -51 and 10 -2 -51 respectively. Our learned brother, in the judgment under appeal, has set oat the facts more elaborately and it will be sufficient to confine ourselves in this judgment to such of the facts as are essential for the disposal of this Letters Patent Appeal.

(2.) THE appellant, Nadar Transports, Tiruchirapalli, and the third respondent, Shanniugham Pillai, were competitors for permits to run buses on two routes, route 1 -A and route 8. In the first instance, the Regional Transport Authority issued two permits to the appellant for route 1 -A and one to the respondent for the same route and granted one permit in route 8 to the appellant This order was subsequently cancelled and there was a fresh notification on the 1st October 1950, in which the number of the buses to run in route No. 8 was increased from one to two.

(3.) BEFORE us Mr. K. Bhashyam, the learned advocate for the appellant, argued only two points. In the first place he urged that there was an error apparent on the face of the record; and secondly that the respondent had no right of appeal against the order of the Regional Transport Authority to the Central Road Traffic Board, and in any event as he made no representations before the Regional Transport Authority objecting to the grant of a permit to the appellant, he was precluded from raising any ground attacking the order of the Regional Transport Authority as being invalid and unjust.