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1952 Supreme(Mad) 160

P.V.RAJAMANNAR, VENKATARAMA AYYAR
C. S. S. Motor Service, Tenkasi – Appellant
Versus
The State of Madras, represented by the Secretary to the Government of Madras, Home Department – Respondent


Advocates:
K.V. Venkatasubramanya Ayyar, K. Hariharan, K. Bhashyam Ayyangar, M. Natesan, S. Srinivasan, N.G. Krishna Ayyangar and N. Panchapakesa Ayyar for Petitioners.
The Advocate-General (V.K. Thiruvenkatachari) for the Government Pleader (P. Satyanarayana Raju) on behalf of the State and on behalf of the AttorneyGeneral of India.
M.K. Nambiar, N.G. Krishna Ayyangar, G.R. Jagadeesa Iyer, R. Raghavachariar, D. Narasaraju, R.S. Venkatachari and T. Chengalvarayan for Respondents.

Venkatarama Aiyar, J.: W.P. Nos. 333, 334 and 615 of 1951.- These applications raise questions of considerable importance about the validity of the permit system under the Motor Vehicles Act and of some of the provisions of that Act.

The facts in W.P. No. 333 of 1951 are these:

In the Tenkasi Uthumalai route in the district of Tirunelveli, the 2nd respondent was running one stage carriage. On 25th July, 1950, applications were invited for a second stage carriage service over the route. Among the applicants were the petitioner and the 2nd respondent. On 25th August, 1950, the Regional Transport Authority granted the permit to the 2nd respondent. On appeal the Central Road Traffic Board set aside this order on 5th November, 1950 and granted the permit to the petitioner. The respondent moved the Government under section 64-A of the Act and after various proceedings which it is unnecessary now to detail the Government passed an order on 5th July, 1951, setting aside the order of the Central Road Traffic Board and restored that of the Regional Transport Authority. The petitioner now seeks to set aside this order as unconstitutional.

The facts in W.P. No. 334 of 1951 are these:

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