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1959 Supreme(Ker) 367

High Court of Kerala
M.S. Menon, S. Velu Pillai, JJ.
Sachidananda Panicker & Ors - Appellant
Versus
Director Of State Transport Department & Ors - Respondent
O.P. No. 544 of 1959
Decided On : 07-07-1959

The court emphasized the importance of providing full details in schemes to enable objections and presentations, and concluded that the schemes were not in compliance with the statute.

Headnote:

The petitions challenged the validity of schemes prepared and published under S. 68-C of the Motor Vehicles Act, 1939, and approved under S. 68-D. The court found that the schemes did not contain 'particulars of the nature of the services proposed to be rendered' as required by S. 68-C, and therefore should be struck down. The court also discussed the interpretation of the 'nature of the voyage' in a UK Act 1835 and emphasized the importance of providing full details in schemes to enable objections and presentations. The court concluded that the schemes were not in compliance with the statute and ordered them to be quashed.

Fact of the Case:

The petitions challenged the validity of schemes prepared and published under S. 68-C of the Motor Vehicles Act, 1939, and approved under S. 68-D.

Finding of the Court:

The court found that the schemes did not contain 'particulars of the nature of the services proposed to be rendered' as required by S. 68-C, and therefore should be struck down.

Issues: The main issue was the absence of 'particulars of the nature of the services proposed to be rendered' in the schemes, as required by S. 68-C.

Ratio Decidendi: The court emphasized the importance of providing full details in schemes to enable objections and presentations, and concluded that the schemes were not in compliance with the statute.

Final Decision: The court ordered the schemes to be quashed.

JUDGMENT

M.S. Menon, J.

1. These petitions challenge the validity of certain schemes prepared and published under S. 68-C of the Motor Vehicles Act, 1939, and approved under S. 68 D of that Act. Those Sections read as follows:

68 C "Where any State Transport undertaking is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such services in relation to any area or route or portion thereof should be run and operated by the State Transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Transport undertaking may prepare a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and such other particulars respecting thereto as may be prescribed, and shall cause every such scheme to be published in the Official Gazette and also in such other manner as the State Government may direct.

" 68 D "(1) Any person affected by the schemes published under S.68C may, within thirty days from the date of the publication of the scheme in the Official Gazette, file objections thereto before the State Government.

(2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State Transport undertaking to be heard in the matter, if they so desire, approve or modify the scheme.

(3) The scheme as approved or modified under sub-s.(2) shall then be published in the Official Gazette by the State Government and the same shall thereupon become final and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route: Provided that no such scheme which relates to any inter State route shall be deemed to be an approved scheme unless it has been published in the Official Gazette with the previous approval of the Central Government."

2. A common contention raised in all these petitions is that the schemes do not contain "particulars of the nature of the services proposed to be rendered" as required by S. 68 C and that they should be struck down on that account. We have come to the conclusion that the contention should prevail.

3. The particulars given in the notification in controversy in O. P. No. 632 of 1959 read as follows :

Sl. No.

Name of routes

Starting place

Destination

Important place served

Route mileage

Date from which the scheme is proposed to be implemented

The class of proposed to be operated (Passenger and for goods service)

1

2

3

4

5

6

7

8

1

Ernakulam

Thodupuzha

Ernakulam

Thodupuzha

Puthencruz Moovattupuzha Anicaud, Vazhakulam Mudkkathanam

39.5 miles

15-02-1959

Passenger service.

It is agreed that the notifications concerned in the other eight petitions also were in the same form and that no further particulars were given in any one of them.

4. According to S. 68 C, any scheme prepared under that section should contain:

(a) particulars of the nature of the services proposed to be rendered ;

(b) the area or route proposed to be covered; and

(c) such other particulars as may be prescribed.

The submission on behalf of the petitioners is that though the particulars indicated by (b) and (c) have been given, there has been a total absence of the particulars indicated by (a).

5. S. 2 of a United Kingdom Act 1835 relating to Merchant Seamen provided as follows : ,

"That it shall not be lawful for any master of any Ship or vessel belonging to any subject of His Majesty of this United Kingdom trading to parts beyond the seas, or of any British registered ship of the burthen of eighty tons or upwards employed in any of the fisheries of the United












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