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1964 Supreme(Mad) 107

VEERASWAMI
Swami Motor Transports (P) Ltd. Tanjore – Appellant
Versus
Raman and Raman (P) Ltd. , Kumbakonam – Respondent


Advocates:
Advocate General for G. Ramaswami and S.M. Subramaniam, for Petitioners (in W.P. No. 843/61 and for 2nd Respondent in W.P. No. 89/62); S. Mohan Kumaramangalam, for M.N. Rangachari and S. Palaniswami, for 1st Respondent (in W.P. No. 843/61 and for petitioner in W.P. No. 189/62; K. Venkataswami for Addl. Government Pleader for 2nd Respondent (in W.P. No. 843/61 and for 1st Respondent in W.P. No. 189/62).

Judgement

ORDER :- These are connected petitions to quash the same order of the State Transport Authority dated 12-06-1961, setting aside the order of the Regional Transport Authority, dated 30-04-1957, which granted the variation of the route Tanjore to Kumbakonam as Tanjore to Koradachery via Kumbakonam and Kodavasal, in favour of Swami Motor Transport (P) Ltd. The State Transport Authority directed the Regional Transport Authority to dispose of the application of Swami Motor Transport (P) Ltd., afresh according to the law. By G. O. Ms. No. 3199 Home, dated 16-11-1956, the State Government in the purported exercise of its power under S. 43-A(2) of the Motor Vehicles Act, 1939, directed the Regional Transport Authority, Tanjore, to vary the existing route Tanjore to Kumbakonam as Tanjore to Koradachery via Kumbakonam and Kodavasal in respect of two buses. The Government made this order as a result of three petitions, two of them in July 1956 by two members of the local legislative Assembly and the third on 6-8-1956 by Swami Motor Transport (P) Ltd. The Regional Transport authority relied on this Government order and in keeping with it, so was it stated, granted the variation of the
















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