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1973 Supreme(SC) 399

D.G.PALEKAR, V.R.KRISHNA IYER
P. Palaniswami – Appellant
Versus
Ram Popular Service Private LTD. – Respondent


Judgment

PALEKAR, J. :- This is an appeal by certificate from the Judgment and order dated 5-8-1964 in Writ Petition No 4 of 1963 of the High Court of Madras.

2. The facts giving rise to the present appeal are as follows :

The Secretary, Regional Transport Authority, Tirunelvelli, invited applications for the grant of a stage carriage permit on the route Tuticorin to Tiruchendur via Mikkani. The distance was about 24 miles. It was a medium route as mentioned in Government Order No. 2265 Home dated February 9, 1958. Several persons applied for the grant. The Regional Transport Authority considered the claims in the light of the directions issued by the State Government under Section 43-A of the Motor Vehicles Act, 1939 in G. O. M. S. No. 2265 Home dated August 9, 1958, as amended by G. O. No. 3647 Home dated December 1, 1958, and since, in its opinion, the respondents Shri Ram Popular Service (P) Ltd., had obtained the highest number of marks, namely, 3 the respondents were entitled to the grant. Six others including the present appellant, who were aggrieved by the order, went in appeal to the Transport Appellate Tribunal, Madras. By a process of elimination the only important contesto













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