Writ petition against direction for extending the existing route.

The third respondent had permits to ply eleven buses and the Sri Rama Vilas Service Ltd., permits for six buses on the Tanjore-Kumbakonam route a distance of about 25 miles. The petitioner held permits to ply ten buses on the Kumbakonam-Kodavasal route, a distance 12 miles: The Sri Rama Vilas Service Ltd., had permits for four buses on that route. Koradacheri was seven miles further away from Kodavasal. Up to 1943 the petitioner plied buses on that route but thereafter Kodavasal-Koradacheri was not treated as a separate route by itself.

The petitioner applied in 1955 for the sanction of a route, Kodavasal to Koradacheri and for the grant of a permit to him. The third respondent intervened and objected to that proposal. These proceedings have apparently not yet terminated.

In January, 1956, the third respondent applied to the Regional Transport Authority, Tanjore, for the grant of a variation of the conditions of the permits of two of his buses, MDO 1081 and MDO 1100, to enable him to ply those two buses beyond Kumbakonam up to Koradacheri via Kodavasal. The petitioner lodged his objections. The third respondent’s application was rejected by the Regional Transport Authority on 26th July, 1956. The third respondent moved the State Appellate Tribunal to exercise the revisional jurisdiction conferred upon it by section 64 (2) of the Motor Vehicles Act and to grant him the variation he had asked for. Those proceedings would, appear to be still pending final disposal by the Tribunal.

During the pendency of the proceedings before the Regional Transport Authority with reference to the grant of the variations asked for by the third respondent written representations were made to the Government in July, 1956, by two of the members of the Legislative Assembly, Sri Varadan and Sri Thyagaraja Pillai that it was desirable to extend the existing route Tanjore to Kumbakonam up to Koradacheri to provide facilities for through traffic from. Tanjore to Koradacheri. On 6th August 1956, the third respondent lodged an application with the Government in effect asking for variation of the conditions of the permit for two buses, and he specified the buses as MDO 1081 and MDO 1100. There was no specific reference to any operator in the respresentations made by Sri Varadan, M.L.A. and Sri Thyagaraja Pillai, M.L.A. By 6th August, 1956, it should be remembered, the application that the third respondent had preferred to the Regional Transport Authority for grant of the variation of the conditions of the permits for the two buses, MDO 1081 and MDO 1100, had been rejected by the Regional Transport Authority. But no reference to this was made by the third respondent in his petition to the Government. However the facts, that the Regional Transport Authority had rejected the third respondent’s application and that revisional proceedings were pending before the Appellate Tribunal were brought to the notice of the Government by the Deputy Transport Commissioner in the report that he submitted to the Government on the representations made by the two M.L.As. and by the third respondent.

In G. O. Ms. No. 3199, Home, dated 16th November, 1956, the Government in exercise of the powers vested in it by section 43-A (2) of the Motor Vehicles Act’ ordered the Regional Transport Authority, Tanjore, “to vary the existing route Tanjore to Kumbakonam as Tanjore to Koradacheri via Kumbakonam and Kodavasal in respect of two buses.”

The petitioner applied under Article 226 of the Constitution. The specific relief asked for was the issue of "a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2, the State of Madras and the Regional Transport Authority, Tanjore, respectively, to forbear from enforcing G.O. Ms. No. 3199, Home, dated 16th November, 1956".

The third respondent followed up the issue of G.O. 3199 by presenting an application on 19th November, 1956, to the Regional Transport Authority to grant him a variation of the condition