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1959 Supreme(Ker) 143

S.VELU PILLAI
R. K. V. Motors And Timbers Ltd. – Appellant
Versus
RTA, Trivandurm – Respondent


Judgment :-

1. This is a petition under Art.226 of the Constitution by R.K.V. Motors and Timbers (Private) Ltd., a motor transport company, for the issue of a writ of certiorari, quashing the order Ext. B, dated the 31st January 1959, passed by the first respondent, who is the Secretary, Regional Transport Authority, Trivandrum, granting a temporary stage carriage permit to the second respondent, the Director of State Transport, Kerala State, for the route Trivandrum (Cantonment)-Neyyattinkara via Kattakada. This route, among others was served by the petitioner, for about six or seven years in the past, by providing motor transport under a stage carriage permit held by it. The Jaya Service (Private) Ltd., Neyyattinkara, or shortly the Jaya Service, is another motor transport company, who had been similarly serving the same route, under a stage carriage permit held by it, till a few months before the date of this petition when it ceased to do so. On the 21st January 1959, the petitioner made an application to the first respondent, for the issue to it of a temporary permit for an additional bus to operate the same route, on the ground, that the Jaya Service had defaulted in service;













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