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1959 Supreme(Ker) 72

VARADARAJA IYENGAR
Calicut Wynad Motor Service Ltd. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. This is a petition under Art.226 of the Constitution by M/s Callicut Wynad Motor Service [Private] Ltd. The complaint is against the grant by the 2nd respondent, The Regional Transport Authority, Kozhikode, under Ext. P.1 order dated 13-11-1953, of a stage carriage permit for a proposed Ghat route between Ambalavayal-Kozhikode to one of their rival applicants, viz, the 3rd respondent Rajalekshmi Motor Service. The State is also impleaded as the 1st respondent. The main ground of challenge raised in the petition and seriously pressed before me is that on 13-11-1958 when Ext. P1. order was passed there was no constituted Regional Transport Authority for the Kozhikode District, for by that date the period of one year which the Government Notification of 23rd August 1957 had fixed as the term of appointment of the five members constituting the Authority, had expired. There was also a ground taken that an extraneous consideration had been imported by the Authority in their preference of the 3rd respondent, viz, he enjoyed more public confidence than the others but this has no importance in view to the predominant consideration as to "largest experience in Ghat routes" rel

































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