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1962 Supreme(Mad) 279

S.RAMACHANDRA.IYER, ANANTANARAYANAN
S. R. Kuppuswami Chettiar – Appellant
Versus
M. Ramachandran – Respondent


Advocates Appeared:
Advocate General and T. Chengalyarayan, for Appellant; Addl. Govt. Pleader, V. Thyagarajan and N.G. Krishna Iyengar for Respondents.

Judgement

S. RAMACHANDRA IYER, C.J.:- This is an appeal under Cl. 15 of the Letters Patent against the judgment of Srinivasan, J. declining to issue a writ of certiorari to quash the order of the State Transport Appellate Tribunal which granted a variation of the two stage carriage permits held by the first respondent. The questions that fall for determination in this appeal as :

1. Whether pending a revision petition under S. 64-A of the Motor Vehicles Act, against the order of the Regional Transport authority, refusing to grant variation if the applicant dies, his or her legal representatives can pursue the revision petition; and (ii) whether it will be open to the Transport Authorities to grant variation of a permit so as to enable the operator to cut the route prescribed in the original permit, and to proceed to a different destination abandoning the one fixed under the permit. Srinivasan, J. has answered both the questions in the affirmative.

2. The facts which have led up to this appeal are these : One Lakshmi, whose interests are now represented by the first respondent held two permits to ply stage carriages from Madras to Madras, a distance of about 52 miles. She applied to th


































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