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1963 Supreme(Mad) 26

VEERASWAMI
S. Pachayyappa Mudaliar – Appellant
Versus
S. S. Motor Service (P) Ltd. , Tindivanam and others – Respondent


Advocates Appeared:
T. Chengalvarayan, for Petitioner; S. Mohan, for Addl. Govt. Pleader, S. Mohankumaramangalam, M.N. Rangachari; V.C. Palaniswami, C.S. Prakasa Rao, S.V. Patrachari, V. Srinivasan and N.G. Krishna Iyengar, for Respondents.

Judgement

ORDER :- This petition is to prohibit the fifth respondent, the Regional Transport Authority, South Arcot, from issuing temporary permits to each of the rest of the respondents on the route Tindivanam to Uppuvelur, via Brahmadesam. It is not in dispute that four temporary permits were first issued in January 1962 on the route. Temporary permits were again issued in May and September 1962. It is also not denied that similar permits have been issued in January 1963 too, though the temporary permit issued to the fourth respondent is for a different route, part of which lies on the route Tindivanam to Uppuvelur. Prohibition is asked for on the ground that such successive grants of permits is an abuse of power under S. 62 of the Motor Vehicles Act.

2. The contention on behalf of the petitioner certainly appears to have force. It is true that where a power is granted, it is not exhausted by repeated exercise of it. But the power under Section 62 has its limitations. That Section clearly contemplates the occasions on which only the power to grant temporary permits can be availed of. It may be that the circumstances of any or all of the purposes may be such that repeated exercise o



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