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1974 Supreme(Mad) 427

VEERASWAMI, NATARAJAN
K. B. Anwar Basha, V. M. Motors, Chetpet – Appellant
Versus
Regional Transport Authority Vellore – Respondent


Advocates:
V.A. Sadagopan, C.S. Prakasarao, T.V.T. Gopalan, Radhagopalan, P. Vedavalli, K. Thirumalai, C.R. Krishnamurthi, K.K. Venugopal, M. Krishnappan, V. Subramaniam, for Petitioners; Govt. Pleader and R. Balasubramaniam, for Respondents.

Judgement

VEERASWAMI C. J.:- These petitions and an appeal belong to the Pallavan Batch which we have dismissed by order D/-11-9-74 in W. A. No. 240 of 1973 (Mad) - Sri Gandiban Bus Service Chingleput v. State of Tamilnadu represented by the Secretary to Government, Home Dept, Madras and others- and connected cases. These cases have been heard separately because of some other common points raised. It was said that there was uniform failure by the Home Secretary to summon and examine witnesses and documents in violation of Section 68-D of the Motor Vehicles Act, that there was a similar violation of the section inasmuch as it had already been practically decided that Pallavan transport system should implement the scheme, and that Section 68-C (2) was also violated inasmuch as to the Home secretary gave no finding as to whether the proposed scheme would be economical which was a pre-condition of approval of a draft scheme. The substance of these objections would have been somewhat serious but for capital M. P. Co-op. Societies Ltd. v. State of Madhya Pradesh AIR 1967 SC 1815. That the proceeding under Section 68-C is quasi judicial, has long been established since G. Nageswara Rao v.












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