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1965 Supreme(Mad) 300

M.NATESAN, M.ANANTANARAYANAN
K. M. Viswanathan Pillai – Appellant
Versus
K. M. Shanmugam Pillai – Respondent


Advocates:
V. K. Thiruvenkatachari, T. R. Ramachadran and V. Srinivasan, for Appellant in S. A. No. 1394 of 1963, C.R.P. No. 184 of 1964 and C.M.P. No. 10738 of 1965 and for Respondent in S.A. No. 1532 of 1963.
M. K. Nambiyar, K. K. Venugopal and S. Ramalingam, for Respondent in S.A. No. 1394 of 1963, C.R.P. No. 184 of 1964 and C.M.P. No. 10738 of 1965 and for Appellant in S.A. No. 1532 of 1963.

Anantanarayanan, O.C.J.-These two appeals and the related revision proceeding involve questions of considerable interest and significance, relating to the development of the law under certain provisions of the Motor Vehicles Act. The facts are also of importance, and they have to be stated precisely, and with some fulness, to clarify the situation in which the issues have arisen. In C. S. S. Motor Service v. Madras State1, a Bench of Rajamannar, C.J., and Venkatarama Ayyar, J., had occasion to consider, at length, the rationale upon which the State sought to exercise the power of regulating motor transport, upon the permit system. The learned Judges pointed out that the State held the public streets and roads only as a trustee on behalf of the public, who were entitled as beneficiaries to use the roadways as of right. The right of citizen to carry on business in motor transport on public streets was within the protection of Article 19(1)(g) of the Constitution. The regulation of this business, under the provisions of the Motor Vehicles Act, was valid to the degree that it imposed reasonable restrictions in the interests of the public. In Krishnamurthy v. C.D.A. Transport Co.2, the





























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