Anantanarayanan, C.J.:-These writ proceedings involve, essentially, the validity of a scheme said to have been framed and promulgated by the first respondent, namely, the Madras State transport undertaking, here represented by its Director, Mr. T.V. Venkataraman, under section 68-C of the Motor Vehicles Act, 1939 (Chapter IV-A). The writs seek to restrain both the first respondent and the State of Madras (second respondent), from proceeding further with this promulgated scheme, under the relevant sections of the law, on the grounds exhibited in the writ petitions. As is well known, and I do not think that it is necessary, for this purpose, to proceed into the history of the prerogative writ of prohibition in the United Kingdom, a writ of prohibition issues ex debito justitiae, where absence of jurisdiction can be demonstrated ; it is not the power to nationalise the road transport service which is in issue, nor the scheme of the relevant sections ; what is claimed is that the promulgated scheme is altogether void, and lacking in jurisdiction. When that is the case, it is for the State Government, carrying on the State transport undertaking, to promulgate the scheme in a valid manne

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