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1976 Supreme(Ker) 112

V.P.GOPALAN NAMBIYAR, G.BALAGANGADHARAN NAIR
BHARGAVAN AND SONS – Appellant
Versus
RTA – Respondent


Judgment :-

1. These appeals are against the judgment of a learned judge of this Court who dismissed a series of writ petitions by private operators who complained about the actions taken in pursuance of the scheme for nationalising the routes over portions of which the vehicles were operating and consequential proceedings for the elimination or the private operators. The scheme in question was published on 4-6-1971 by the Kerala State Road Transport Corporation (2nd Respondent) under S.68-C of the Motor Vehicles Act, to take over thirteen routes in the Trivandrum District for exclusive use by the said Corporation. Objections to the Scheme were heard by the Chief Minister in 1973. Ext P3 notice dated 12th December, 1975 was issued approving the said Scheme under sub-section (2) of S.68-D of the Act. Eighteen buses of the writ petitioners - appellants were plying on the nationalised route. The petitioners were given notice Ext P4 dated 611976 under Sub-section (2) of S.63-F of the Act, indicating that it was proposed to cancel the existing transport permits of the petitioners and to reject their application for renewal of the pucca permit. Ex. P4 indicated that the objections would












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