Kandy Town Bus Co., Ltd., V. Commisioner Of Motor Transport Et Al.,

1949 Present : Basnayake J.

KANDY TOWN BUS CO., LTD., Applicant, and COMMISSIONER OF MOTOR TRANSPORT et al., Respondents

S. C. Application No. 19-Case stated under section 4 of the Motor Gar Ordinance, No. 45 of 1938
 

Omnibus Service Licensing Ordinance, No. 47 of 1942-Application for road? service licence-Rival applicants-Matters to be considered by Commissioner-Sections 4 and 7.

The applicant and the second respondent, who were holders of road service licences under the Omnibus Service Licensing Ordinance, applied for additional road service licences. The route sought to be taken by them overlapped the entirety of the route already taken by the applicant's existing road service between two points. It also overlapped a a part, but not the greater part, of the route taken by the second respondent's existing road service, but only to the extent that the latter" was already overlapped by the existing road service of the applicant.

Held, that, under section 7 of the Omnibus Service Licensing Ordinance, the applicant's application should be granted.

Obiter: (1) Applications for road service licences must be considered; and decided by the Commissioner himself and
not by an Assistant Commissioner.

(2) The decision of a Commissioner either to grant or refuse an application for a road service licence should, under section 4, be in the form: of a reasoned document which states the conclusion as to the facts and as to the questions of law, if any, which have arisen for determination by him.

CASE stated under section 4 of the Motor Car Ordinance, No. 45 of 1938.

H. V. Perera, K.C., with D. W. Fernando, for the applicant.

D. Jansze, Crown Counsel, for the first respondent.

H. W. Jayewardene, for the second respondent.

Cur. adv. vult.
 

February 3. 1949. BASNAYAKE J.-

The applicant, the Kandy Town Bus Company Limited (hereinafter referred to as the applicant), and the 2nd respondent, the United Bus. Company Limited (hereinafter referred to as the 2nd respondent), are-the holders of road service licences under the Omnibus Service Licensing' Ordinance, No. 47 of 1942. On 12th December, 1945 the applicant applied for an additional road service licence under the Omnibus Service Licensing Ordinance, No. 47 of 1942, to provide a road service between the Kandy Market Bus Stand and a point at the 5th Mile Post on the road to a place called Palkumbura along Ward Street, Trincomalee Street, Katugastota Road, Ranawana Road and Medawala Road via Mahaiyawa,.

Mawilmada, Katugastota, Yatiwawala, Uduwawala, Kunnanoya and Conigoda. A part of the proposed route, viz., that from the Kandy Market Bus Stand to the junction of Katugastota and Kurunegala Road, was common to a route for which there was already a road service licence in favour of the second respondent. Earlier, on 12th September, 1945, the second respondent had also applied for an additional road service licence to provide a road service between the King's Street Bus Stand at Kandy and a place called Medawala via Katugastota, Ranawana and Attaragama. A part of the route proposed by the second respondent was common to the whole of the Kandy-Katugastota road service of the appellant for which he already held a licence.

On March 9, 1946, Annex 5 was sent to the applicant. It is in the following terms: -

"No. N. A. 138,
Colombo, 9th March, 1946.

Routes: Kandy Market Stand-Medawala Junction and Kandy Market Stand-5th Mile Post at Palkumbura.

Dear Sirs,

I have refused your applications for road service licences for the above routes and have allowed a road service licence to the United Bus Co., Ltd., for the route Kandy-Medawala via Ranawana.

Yours faithfully,

(Sgd) D. R. C.  HANWELLA
for Commissioner of Motor Transport.

Kandy Town Bus Co., Ltd.,
 Kandy. "

'That letter is not under the hand of the Commissioner but is signed by .a person purporting to act on his behalf. It

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