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1968 Supreme(Mad) 17

NATESAN, M.ANANTANARAYANAN
Gobald Motor Services (P. ) Ltd. , Mettupalayam – Appellant
Versus
Regional Transport Authority, Coimbatore – Respondent


Advocates:
K. K. Venugopal; S. Harihara Ramachandran; G. Ramaswami, V. C. Palaniswami; N.G. Krishna Aiyangar; M. N. Rangachari; V. T. Gopalan; K. Thirumalai; C. S. Prakasa Rao, for Appellants; Government Pleader, G. Ramaswami; V. Subramaniam; T. Chengalvarayan; S. Parthasarathi, for Respondents.

Judgement

NATESAN, J. :- These cases raise a common question, the place of Section 47 (3) of the Motor Vehicles Act in the scheme of the Act for the grant of permit for stage carriages. Of the writ appeals, one set of appeals (W. A. 264 of 1967, 285 of 1967 etc.), arises from the dismissal of applications under Art. 226 of the Constitution for the issue of writs of prohibition restraining the respective Regional Transport Authorities from proceeding further in pursuance of Notifications issued under Section 57 (3) of the Act, and the other set of writ appeals (W. A. 327 of 1967, 400 of 1967 etc.) have been preferred against the rejection of petitions for interim orders pending applications for the issue of writs of prohibition to similar effect. The connected writ petitions have also been called up for disposal. Having regard to the question that calls for determination, it is needless to deal separately with every one of the petitions and appeals, the substantial purpose of these cases being to secure writs of prohibition restraining the respective Regional Transport Authorities from proceedings with consideration of the applications for stage carriage permits. The applicants for


























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