Judgement

VENKATARAMIAH, J. : - The appellant is one of the State Transport Undertakings established in the State of Tamil Nadu. It has questioned in this appeal by special leave the decision of the High Court of Madras in CRP No. 3117 of 1984 affirming an order granting variation of a permit issued under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) by virtue of which the respondent is permitted to run a stage carriage on the route between Checkanurani and Madurai which is a part of a notified route Madurai to Kumuli via Checkanurani, Valandur, Usilampatti, and Theni. Before the High Court the State Transport Appellate Tribunal and the Regional Transport Authority the appellant had pleaded the publication of a draft scheme under S. 68-C of the Act on June 4, 1976 in respect of the route Madurai to Kumuli as a bar to the grant of a variation of the permit prayed for by the respondent. In this Court the appellant has relied upon the existence of an approved scheme published on June 30, 1976 in respect of the very same route Madurai to Kumuli also as a bar to the order of variation of permit granted in favour of the respondent. The route is common