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1959 Supreme(SC) 21

A.K.SARKAR, K.SUBBA RAO, P.B.GAJENDRAGADKAR
R. Abdulla Rowther: State Transport Appellate Tribunal, Madras: S. Gopalan Nair – Appellant
Versus
Tribunal, Madras: Tribunal, Madras: K. Damodaran Nair – Respondent


Advocates:
C.K.DAFTARY, J.B.DADACHAN, M.K.NAMBIYAR, NAUNIT LAL, P.L.VOHRA, PURSHOTTAM TRIKAMDAS, R.GOPAL KRISHNAN, RAJINDAR NARAIN, Rameshwar Nath, RAMESHWAR NATH ROY, S.MOHAN KUMARA MANGALAM, S.N.ANDLEY

Judgment

GAJENDRAGADKAR J. (On behalf of himself & K: SUBBA RAO J.) This appeal by special leave is directed against the order passed by the High Court of Madras dismissing the appellants application for a writ of certiorari. The appellant is an operator of state carriages in the District of Ramnad in Madras state. It appears that the Regional Transport Authority, Ramnad, granted one permit to the appellant and another to S. Gopalan Nair - who has also preferred an appeal by special leave before this Court (Civil Appeal No. 20 of 1959); both the appellant and the said Gopalan Nair owned less than five buses each; and by the permit each one of them was authorised to run one bus from Ramanathapuram to Devakottai. This order was passed on 17-6-1957, in Proceeding No. R. 1220/Al/56.

2. Respondents 3 and 4 whose applications for permits had been rejected by the Regional Transport Authority preferred appeals to the State Transport Appellate Tribunal. Each of them owned more than five buses. The Appellate Tribunal by its order passed on 22-3-1958, allowed the appeals, set aside the order granting permits to the appellant and the said Gopalan Nair and directed that permits should be issued i




























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