ASWINI TRANSPORTS P Vs. POLLACHI ROADWAYS P LTD

JUDGEMENT

(1.) THE appellants had filed petition under Article 226 of the Constitution in which rules nisi went out. They related to grant of stage carriage permit and sought certiorari against the orders of the Transport Appellate Tribunal dated respectively 28-11-1969 and 8-2-1971. On 30-7-1971 the Motor Vehicles (Tamil Nadu Second amendment) Act 1971, was passed which has force from 18-6-1971. Section 10 of the Amending Act provides:-

(2.) RAMAPRASADA Rao, J. , was of the view that even the pending petitions for writs could not be proceeded with in view of the Amending Act. The learned Judge, however, at the request of the appellants, permitted conversion of the petitions into civil revision petitions under Sections 115, Civil Procedure Code. It is not disputed that against orders passed in exercise of revisional jurisdiction, no appeal lies under the Letters Patent. But the contention is that petitions should not have been treated as revision petitions but dealt with only as petitions under Article 226 of the Constitution. In other words, it is urged that the Amending Act has no application to pending applications for writs.

(3.) IF, pending writ petitions, the forum, the orders of which are impugned in such petitions, is abolished, the question whether still writs can be issued will depend upon the nature of the rule to be issued. If it is mere certiorari, which means simply removing the erroneous order from record, there will be no bar to the issue of a rule, as the abolition of the forum in the meantime will not affect the matter. But, if, on the other hand, a direction is to be given, it will very much depend upon whether the forum still exists. Hari Vishnu Kamath v. Ahmed Ishaque, observed-