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