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1950 Supreme(Mad) 248

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. P.V. Rajamannar, Chief Justice and Mr. Justice Viswanatha Sastri.
T.E. Ebrahim Saheb
Versus
The Regional Transport Authority, Tanjore through the Regional Transport Officer, Tiruchirapalli
C.M.P. Nos. 2963 and 3365 of 1950.
Decided On : 18 August 1950

Advocates:
K.V. Ramachandra Aiyar for Petitioner.
The Advocate-General (K. Kuttikrishna Menon) for the Government Solicitor and. State Council on behalf of the Respondent.

Validity of Resolution of R.T.A. declaring a bus stand unsuitable.

Headnote:Motor Vehicles Act, 1939-Section 76 - Validity of resolution of RT.A. declaring a buys stand unsuitable without issuance notice to person affected.

The Chief Justice.-These two applications are connected and relate to the same matter. The petitioner in the two applications is one T.E. Ebrahim Sahib. He is the lessee of a site in Ward No. 6 in Tanjore Town which has been used as a bus stand in accordance with licences granted from time to time by the Tanjore Municipality. The stand is situated near the railway station and it is common ground that from several years past it has been the only bus stand in the town and it has been the place from and at which all bus traffic to and from places such as Kumbakonam, Pattukottai, Tiruvayar, etc., was starting and terminating. Sometime in 1947, there appears to have been a complaint that the bus stand was narrow and inconvenient and thereupon the Municipality discussed a proposal to construct a new bus stand at another suitable place. The Regional Transport Authority also appears to have convened meetings to consider the question of shifting the bus stand, but the subject was dropped in May, 1948. Subsequently there appear to have been again complaints and at the instance of the Tanjore Municipality, the Government passed G.O. No. 231 on 19th January, 1950, directing the Regional Transport Authority to consider the Municipality’s representation regarding the unsuitability of the existing bus stand of the petitioner. The subject was placed before the Regional Transport Authority at its meeting on 21st February, 1950 and it passed on that day a resolution that the existing bus stand would be declared unsuitable from 1st April, 1950. This resolution was communicated to the petitioner and he filed C.M.P. No. 2963 on 24th March, 1950, praying for the issue of a writ of certiorari to call for the papers from the Regional Transport Authority, Tiruchirapalli, and quash the proceedings of 21st February 1950, above mentioned. He also prayed for an interim order of stay of all proceedings pending disposal of the main petition. On 27th March, 1950, this Court issued a rule nisi and notice on the application for stay. This fact was intimated to the respondent authority both by the petitioner and by his Advocate, but the respondent met and passed on 31t March, 1950, a further resolution which runs thus:

"Perused and recorded. No direction has so far been received from the High Court, Madras. Resolved not to act on the representation of Janab Muhammad Ibrahim or his vakil. As resolved already by this authority on 21st February, 1950, and communicated to the parties on 27th February, 1950, the site within Tanjore Municipality where the private bus stand is conducted by Janab T.B. Ibrahim Sahib is hereby declared to be unsuitable for use as a bus stand and that this bus stand shall cease to be the approved stopping place and also the approved starting and terminus of motor buses from 1st April, 1950.

The bus stand newly erected by the Tanjore Municipal Council in the approved site in T.S. No. 1468 of Ward III in accordance with the proceedings dated 21st February, 1950, of the Regional Transport Authority, Tanjore, is hereby fixed as the approved stopping place and also as the approved starting and terminus places of Motor buses (stage carriages) from 1st April, 1950.

The Regional Transport Officer will inform forthwith all permit holders of Motor buses (stage carriages) in writing of the new approved stopping as well as starting and terminus points from 1st April, 1950 and make other necessary arrangements.

Regional Transport Office, Tiruchi,

Dated 31st March, 1950."

The petitioner seeks to quash this resolution in C.M.P. No. 3365 of 1950. It was contended for the petitioner that both the resolutions of the respondent dated 21st February, 1950, and 31st March, 1950, respectively are void and passed without jurisdiction and contrary to the principles of natural justice, as they were passed without notice to the petitioner and without giving him an opportunity of presenting his case.

Though there was a specific averment in the affidavit filed by the petiti


















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