S VENKATACHALAM IYER Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS is an appeal against the Judgment of Rajagopala Aiyangar J. , in W. P. No. 1 of 1956, and relates to the grant of a stage carriage permit for a bus to ply on the route Kollegal to Saggiam in Coimbatore District. Several transport operators made applications for the grant of this permit, among whom it is sufficient to mention the appellant S. Venkatachalam Aiyar, proprietor, Janaki Motor Service, satyamangalam and P. N. Ramaswami Gounder, Proprietor, Sri Ram Transports, satyamangalam, hereinafter referred to as the respondent. The Regional Transport Authority, Coimbatore on a consideration of the several applications to them, granted a permit to the appellant before us by their order dated 27th June 1955. The material portion of this order relating to the relative merits of the appellant and the respondent is as follows : "applicant No. 8 (respondent) has not direct interest in this line and his headquarters is at a distance of 69 miles from Kollegal. His application is rejected. The Board is therefore compelled to consider the case of applicant No. 6 (appellant) who has four permits but has obtained the orders of the Government dated 14-6-1955 to transfer two permits to gobald Motor Service Ltd. The Government has laid down that such a transfer is no bar and should not be penalised. Even though he has transferred his permits to another person it was contended before us that he could only have four permits without transfer and as such not eligible for consideration. It was also urged before us that his act of transfer was motivated by his desire to serve the Kollegal area exclusively. In view of this and in view of the fact that the Board does not find any other operator suitable for running the service without increasing the monopoly of applicant No. 2, the Board decide to award this permit to applicant No. 6. ''

(2.) FOUR months' time was given to the appellant for producing the registration certificate of the bus which he intended to put on the road. On 5-9-1955, within the time allowed, the appellant produced a vehicle and requested the Regional transport Officer, Coimbatore, to issue a permit in his name in accordance with the order of the Regional Transport Authority. But he was informed by the regional Transport Officer that the Government had stayed the operation of the order of the Regional Transport Authority by their order dated 1st September 1955. It was admitted that this order of stay was made by the Government at the instance of the respondent. Against the order of the Regional Transport authority, appeals were filed to the central Road Traffic Board by some of the aggrieved applicants including the respondent. The Central Road Traffic Board, by its order dated 16-9-1955, confirmed the order of the Regional Transport authority. The reasoning of the order of the Regional Transport authority was substantially adopted by the Central road Traffic Board. Dealing with the case of the respondent. The Central Road traffic Board stated :

(3.) IT is to quash this order of the Government that the appellant filed W. P. No. 1 of 1956.