This is an appeal against the dismissal by Kunhi Raman, J., of an application for an order under section 45 of the Specific Relief Act, analogous to the high prerogative writ of mandamus. The appellant company was the applicant; the respondent is the Road Traffic Board, Madras, which was constituted by the Provincial Government pursuant to section 44 of the Motor Vehicles Act, 1939 (hereinafter called “the Act”). Prayer (c) in the application solely arises in this appeal by which an order was sought directing the respondent to consider the applicant’s application under section 45 of the Act, dated 24th February, 1947, in accordance with the provisions of the Act, and the Rules made thereunder, for renewal of permits for a number of buses to ply for hire as stage carriages, and that the respondent should ignore the executive order issued by the Provincial Government, Madras, in G.O. No. 3898 (Home), dated 9th December, 1946. In dismissing the application the learned Judge directed there should be no order as to costs.

The appellant company carries on business in the Province of Madras, it provides: road transport services in the City and throughout the Province for