Anantanarayanan, O.C.J.-

These related appeals, which are upon practically identical facts, have been instituted from the judgment of Srinivasan, J., in W.P. Nos. 1466 and 1467 of 1964, under the following circumstances. In both the appeals, the appellant is Taj Mahal Transport (P.), Ltd., a stage-carriage operating concern in Tirunelveli District. There was a particular route, Palayapettai to Tirunelveli Junction (via) Tirunelveli Town and Kurukkuturai, for which two permits had been assigned. In 1961, a certain Muthiah Asari was the holder of the permits. The appellant concern has a bus relating to another permit and route, namely, Tirunelveli Town to Melapalayam (via) Kurukkuturai and Melanatham’.

This route and the route relating to the permits of Muthiah Asari, to which we have just referred, have both a common sector of one mile between Tirunelveli Town and Kurukkuturai. Muthiah Asari applied for a variation of the route of his permits, so as to enable him also to ply between Kurukkuturai and Melapalayam. The contention of the appellant is that if this variation be permitted, it would virtually amount to an operation by Muthiah Asari on the identical route for which the appell

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