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1969 Supreme(Mad) 91

M.M.ISMAIL
Tirumurthi Transports (P. ) Ltd. , Udumalpet – Appellant
Versus
The Regional Transport Authority, Coimbatore – Respondent


Advocates:
M. Kalyanasundaram, for Petitioner.

ORDER:-

This is a petition under Article 226 of the Constitution of India, for quashing certain proceedings of the Regional Transport Authority, Coimbatore, dated 11th June, 1958. These proceedings related to the proposal to open a new-route as Udumalpet to Coimbatore via Poolankinar, Erishnampatti, Challappam- balayam, Thondamathur, Somathur, Pollachi and Kinathukadavu and to fix the number of buses to be introduced on that route. The Regional Transport Authority approved the proposal and fixed the number of bus as one. The petitioner admits, in paragraph 7 of the affidavit filed in support of this petition that an appeal is available against the said order to the State Transport Appellate Tribunal, but he had not filed the appeal because prior to this, the petitioner has not preferred any appeal against section 47 (3) orders and as such he was not aware of the limitation.. The substance of this plea is one of ignorance of law as justifying his not filing an appeal and coming to this Court straightway. Even here, the writ petition is supported by an application for excusing a delay of 60 days. Under these circumstances, the question for consideration is whether I should in the exer



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