I have had the benefit of perusing the judgment just now delivered by my learned brother and with all due respect, I regret I am unable to agree with my learned brother in the conclusions arrived at by him.

This appeal is against the Order of Rajagopalan, J., in W.P. No. 467 of 1957. The 3rd respondent in the said Writ Petition is the appellant. Though the facts have been set out in great detail by my learned brother, still I would like to set them out in my own way.

The appellant, Messrs. Swamy Motor Transport (Private) Ltd., Tanjore, is one of the bus operators in the District of Tanjore. He was operating 11 buses on the route between Tanjore and Kumbakonam, via, Papanasam, a distance of 25 miles. Another operator, Sri Rama Vilas Service (Private) Ltd., was operating as many as six buses on the same route, Tanjore to Kumbakonam. The first respondent in this appeal, Messrs. Raman & Raman (Private) Ltd., is another operator who was operating 10 buses on the route between Kumbakonam to Tiruvarur via Kodavasal and Rama Vilas Service was also plying 4 buses on this latter route. While the distance of the route between Tanjore and Kumbakonam is 25 miles, the dist