672702 704 710 722 728 776 781 of 1972 1057 1062 1120 1125 1200 1224 1298 1300 2301 of 1972.
883 884 885 886 942 992 993 994 995 of 1966 2061 2649 3825 of 1970.
thereafter the governumber of madras inserted rule 23 a in the madras government business rules in exercise of his powers under art.
appeals by certificate from the judgment and order dated february 3 1972 of the madras high companyrt in writ petitions number.
k. sen.
it was also provided by that rule that the powers and functions of the state government under s. 68 d of the act and the rules relating thereto were to be exercised by the secretary to the government of madras in the home department on behalf of the state government.
672 676 678 for respondents number.
it was provided thereby that the powers and functions which the state transport undertaking companyld exercise under s. 68c shall be exercised by the secretary to the government of madras in the industries labour and housing department on behalf of the state government.
gobind swaminadhan a. v. rangam n. s. sivam and a. subhashini for the respondents in c.as.
number.
704 710 722 728 and 776 781.
under that order all routes of 75 miles and above all routes radiating or terminating in madras city and all routes in the kanvakungi district were to be nationalised as and when the permits of the private operators expired.
number.
by that enactment s. 47 1 cc s. 58 2 a and s. 68 cc were added to the act.
k. venugopal and a. s. nambiyar for the appellants in as.
number.
k. venugopal and vineet kumar for the appellants in a. number.
722 728 1057.1062 1200.
that scheme was struck down by the high companyrt.
civil appellate jurisdiction civil appeals number.
704.710.
this scheme was published under s. 68 c of the motor vehicle act 1939 hereinafter called the act.
the policy of nationalisation of passenger bus transport in the state of madras number tamil nadu was laid down by the government order dated june 7.
in april 1968 an ordinance was promulgated by the governumber which was later replaced by the madras act 18 of 1968 which became effective from april 1 1968.
vineet kumar for the appellant in c.a.
number 677.
number 1224.
govind swaiminadhan s. mohan a. v. aangam and a. subhashini for the respondents in c.as.
677 679 680 697 702.
1224 and 1298 1300.
the judgment of the companyrt was delivered by grover.
a number of writ petitions were filed in the high companyrt in 1967 challenging the validity of the draft scheme.
166 of the company stitution.
that decision was affirmed by this companyrt in a. sanjeevi naidu etc.
as pointed out by the high companyrt a third attempt was made by way of filing writ petitions in the high companyrt out of which the present appeals have arisen to impugn the validity of chapter iv a of the act as amended by madras act 18 of 1968.
number.
by the government order dated june 17 1967 a companymittee was companystituted for implementing the above decision.
number 672.
k. venugopal and k. b. nambiyar for the appellants in as.
under the first two sections the regional transport authority was to have due regard to the publication of the draft scheme in granting a permit or a renewal of a permit.
number.
1 it was pointed out in that judgment that in the state of tamil nadu the state transport undertaking is a department of the state government.
a draft scheme was prepared by the committee for nationalising the routes in question to the complete elimination of private operators.
in exercise of the powers and functions under the new business rule 23 a schemes of nationalisation were promulgated and published.
natesan k. jayaram for the appellants in c.a.
a number of operators again filed writ petitions challenging the draft scheme as also the validity of the tamil nadu act 18 of 1968.
number.
k. jayaram for the appellants in c.a.
1120.1125.
number.
c. aggarwala and a. t. m. sampath for the appellants in c.as.
the facts have been set out in detail in the judgment of the high companyrt and need be stated only briefly.
1 3 4 in c.as.
jayaram for the appellants in c.as.
number.
j. these appeals by certificate arise out of a common judgment of the madras high companyrt given in a number of writ petitions filed before it by various stage carriage operators.
697 702.
1057 1062 11201125 1200 and 2301 and all the respondents in c.a.
the state transport undertaking however was entitled as of right to the issuance of a temporary permit on the publication of a draft scheme under s. 68 cc .
