SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Mad) 1218

B.SUBHASHAN REDDY, D.MURUGESAN
R. Srinivasan – Appellant
Versus
State of Tamil Nadu rep. by Secretary & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.K.Alagirisamy, learned Senior Counsel for Mr.M.Palani, Mr.M.Krishnappan, Mr.C.R.Krishnamoorthy, Mrs.Radha Gopalan, Mr.R.S.Ramanujam, Mr.P.Vedavalle, Mr.T.Padmanabhan, Mr.S.Govindraman, Mr.R.Natesan, Mr.S.C.Palanisamy, Mr.V.Sanjeevi, Mr.V.A.Sadagopan, Mr.K.Hariharan, Mr.S.Parthasarathy, Mr.N.Gopalakrishnan, Mr.K.M.Venugopal and Mr.S.Venugopal. For the Respondents:Mr.R.Muthukumaraswamy, Additional Advocate General assisted by Mr.V.Raghupathi Government Pleader.

Judgment :-

COMMON ORDER D.MURUGESAN, J.

In all these writ petitions, the respective petitioners have prayed for writ of declaration declaring the Tamil Nadu Motor Vehicles (Special Provisions) (Cancellation of Variation of Conditions of Permit) Act, 1996, (Act 19 of 1996) (hereinafter referred to as the "Impugned Act") is unconstitutional, ultra vires and void and have consequently prayed for directions to the respective Regional Transport Authorities to permit the petitioners to operate their stage carriage services on the respective routes based on variations granted prior to the "Impugned Act".

2. In order to appreciate the challenge, certain facts leading to the impugned enactment must necessarily be stated. After the introduction of Chapter IV-A in the Motor Vehicles Act 1939, the State Government framed various Schemes notifying different routes during the year 1976. The Scheme enabled operators mentioned in Schedule II alone to operate apart from State Transport Undertakings. Pursuant to the publication of the draft Scheme, all other private stage carriage operators were excluded from operating any part of the notified routes. Since there was bifurcation of various routes, t




















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top