V MARUTHAVANAN Vs. M BALASUBRAMANIAM

JUDGEMENT

(1.) BY its order dated 24-5-1960 the Tribunal set aside the grant of a single permit to the petitioner and granted the same to the first respondent. The route is annamalainagar to Kothamchari, which is a short route. This petition is to quash the Tribunal's order.

(2.) THE only point argued by Mr. Mohan Kumaramangalam for the petitioner is that the first respondent having applied for a permit as a firm but during the pendency of its appeal before the Tribunal, the firm having been dissolved by one of the two partners going out of it, the appeal became infructuous.

(3.) THE argument so addressed is based on the assumption that the application was by a firm. Though it does not appear to have been noticed by either the Regional transport Authority or the Tribunal and the parties proceeded on the footing that the application was by the firm Balasubramaniam and Co. on the actual verification of the original application it is found that the application was by M. Balasubramaniam, son of A. R. Muthiah Pillai. Whether the application was by a firm or by an individual will have to be decided by the terms themselves of the application. The form of the application should be as prescribed by the rules namely S. P. C. A. As is evident from the form, the first column relates to the name of the applicant. Against this column the only name given is M. Balasubramanian, son of A. R. Muthiah Pillai. Column 2 (a) relates to the "name of the father and the nature and extent of his financial interest in existing road transport undertaking. " But this column was left blank apparently because in column (1) the firm's name has already been given. Clause (2) (b) requires information to be given in the case of partnership and registered or unregistered firm specifying the names of all persons constituting the body, the nature and extent of the financial interest of each of these persons in existing road transport undertaking. While filling up of this column it is stated "m. Balasubramaniam, managing partner and K. Natarajan, partner. Share capital Rs. 25,000 each. I have service experience as the manager for Lakshmi Bus service, Chidambaram. "