R A NATARAJAN Vs. REGIONAL TRANSPORT OFFICER CHINGLEPUT

JUDGEMENT

(1.) A common question arises in these two appeals which were heard together. They are from the judgments of Rajagopala Aiyangar J. in two writ petitions Nos. 243 of 1954 and 615 of 1953 respectively. As the main judgment of the learned judge was given in W. P. No. 615 of 1953, we shall deal with W. A. No. 75 of 1954 first.

(2.) THE material facts in W. A. No. 75 of 1954 are as follows: The appellant is a bus operator to Chingleput Dt. One of his buses, M. D. H. 1174 was allowed to run on the route Kancheepuram to Maduranthakam under a stage carriage permit granted to him and which was due to expire on 31-1-1953. The Regional Transport Officer. Vellore, who was then the Secretary of the Regional Transport Authority, chingleput, in his Memorandum dated 26-8-1952, framed a charge against the appellant that on 4-2-1952 the bus was overloaded. The appellant submitted an explanation but the Regional Transport Officer found the appellant guilty of the charge and by his order dated 2-11-1952 suspended the permit for a period of 4 months. The appellant filed an appeal to the Central Road Traffic Board, Madras, against this order of suspension. But that appeal was dismissed. He then filed a revision petition to the Government under Section 64-A of the Motor Vehicles Act. The government, by their order dated I5-5-1953, reduced the period of suspension from four months to two months; but otherwise dismissed the revision petition. In august 1953, the appellant filed A petition in this Court under Article 226 of the constitution praying that this Court, may be pleased to issue a writ of certiorari or any other appropriate writ, or order, quashing the orders of the Regional Transport officer, Chingleput, the Central Road Traffic Board, Madras, and the State of madras, above referred to.

(3.) IN the meantime, on the expiry of the period for which the permit was originally granted, i. e. , on 31-1-1953, in pursuance of an application by the appellant, the regional Transport Officer granted a renewal of the permit from 1-2-1953 to 31-11954.