1956 Supreme(Mad) 149
RAJAGOPALAN, RAJAGOPALA AYYANGAR
Messrs. Pioneer Motors Ltd. , Tirunelveli – Appellant
Versus
O. M. A. Majeed Mirania Motor Service, Tirunelveli – Respondent
Advocates:
V. Tyagarajan, K. Thirumalai, V. R. Nagarajan for Petitioners in W.P. No 24. of 1956.
N. G. Krishna Ayyangar for Petitioners in W.P. No. 25 of 1956 and for 3rd Respondent in W.P. No. 33 of 1956 and 1st Respondent in W.P. No. 78 of 1956.
S. Mohan Kumaramangalam for Petitioners in W.P. No. 26 of 1956.
V. T. Rangaswami Ayyangar and T. E. Raghavachari for Petitioner in W.P. No. 34 of 1956.
T. Chengalavaroyan for Petitioners in W.P. Nos. 36 and 58 of 1956 and for 1 and 2 Respondents in W.P. Nos. 24 and 60 of 1956.
Miss Nasreen Amiruddin for Petitioner in W.P. No. 59 of 1956.
M. K. Nambiar and K. K. Venugopal for Petitioner in W.P. No. 78 of 1956.
R. M. Seshadri, R. Subramaniam and R. Narayanan for Petitioner in W.P. No 86 of 1956.
The Special Government Pleader (V. V. Raghavan) for Respondents in W.P. Nos. 24, 25, 26, 34, 36, 58, 59, 60, 78 and 86 of 1956.
A. R. Ramanathan for 1st Respondent in W.P. No. 25 of 1956.
K. Bashyam and N. G. Krishna Ayyangar for 1st Respondent in W.P. No. 34 of 1956.
M. N. Rangachari for 2nd Respondent in W.P. No. 36 of 1956.
S. Gopalaratnam and K. Thirumalai for Respondents in W.P. Nos. 58 and 86 of 1956.
Order.-These several writ petitions are by a number of motor transport operators who are aggrieved by the orders of the State Government, purporting to be under section 64-A of the Motor Vehicles Act, and call in question the legality of each of the orders of the State Government, disposing of such revision petitions under section 64-A of the Act which had been filed before them. In these writ applications the orders of Government are impugned on various grounds, but a ground common to all these relates to the effect of Act XXXIX of 1954 upon the jurisdiction of Government to pass the orders now challenged, and we propose to deal with this point alone.
Section 64-A of the Motor Vehicles Act empowered the State Government
“of its own motion or on application made to it to call for records of any order passed or proceeding taken under Chapter IV by any authority or officer subordinate to it and to pass such order in reference thereto as it thinks fit.”
Under this provision a large number of such revision petitions had been filed before the State Government and were pending till about the end of December, 1955. Madras Act XXXIX of 1954, which amended various provisions of the Motor Vehic
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