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1957 Supreme(Ker) 291

VAIDIALINGAM
P. C. Oommen – Appellant
Versus
The Road Traffic Board, Kottayam – Respondent


Judgment :-

1. This is an application under Art.226 of the Constitution of India, for issue of a writ of certiorari or such appropriate writ, order or direction to the 1st respondent, the Road Traffic Board, Kottayam in order to call up the records and proceedings of their order No K. 49/PT/57 dated 29-7-57 and to quash the said order as ultra vires, illegal, ineffective and void.

2. The petitioner's case is that he is a bus-owner operating a service of two buses on the route Kottayam-Iyerkunnam about 10 miles distance and that he is also operating a service with one bus on the route Kottayam-Thiruvarpu about 5 miles distance. On 29-7-57, the Road Traffic Board, Kottayam, according to the petitioner, sanctioned the 2nd respondent's prayer by extending the permits as prayed for by them on the two routes namely, Kottayam-Thiiuvarpu and Kanjikuzhi-Thiruvathuckal. The petitioner alleges that this has been done by the Road Traffic Board without complying with the statutory provisions and he also alleges that he has been adversely affected by the grant of the extended permits in favour of the 2nd respondent.

3. According to the 2nd respondent, the Swaraj Motors (Private) Ltd.. Kottayam, th















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