Civil Appeals No.
Civil Appeal No.
8 of 1970 This appeal relates to an additional bus on the existing route.
2339 of 1969 etc.
2518 of 1969 relates to an additional stage carriage permit.
2337 of 1969 there was first a sitting of the Regional Transport Authority on 9 March, 1968 to companysider the proposal to introduce an additional service on the route.
Civil Appeal No.
In Civil Appeal No.
In Civil Appeals No.
Appeals from the judgment and orders dated October 27, 1969 etc.
The other appeals relate to additional permit on existing route in each case.
opened in each case with permits for two buses.
The appeals are allowed and the cases are remitted to the State Transport Appellate Tribunal to be dealt with on merits.
Thereafter, the Secretary, Regional Transport Authority recommended an additional bus on the route.
Thirumalai and K. Jayaram, for the appellants in C.A. Nos.
2326 of 1969 etc.
2338, 2340, 2341 and 2342 of 1969 the Regional Transport Authority issued numberifications under sec tion 57 2 of the Act inviting applications for grant of stage ,carriage permit on the routes.
2356 of 1969 .
Civil Appeal No.
2339, 2353, 2354, 2356, 2357, 2358 and 2368 of 1969 relate in each base to an additional bus on existing route.
Civil Appeals No.
Thereafter an application was made to the High Court against the order of the State Transport Appellate Tribunal.
2584 of 1969 relates to a new route.
In these ,appeals new routes were opened by the Regional Transport Authority after examining public representations and numberifications under section 57 2 of the Act were also issued.
K. Ramamurthi, V. Subramanian and K. Jayaram, for the appellants in C.A. No.
G. Krishna Iyengar, P. N. Tiwari, J. B. Dadachanji, O. Mathur and Ravinider Narain, for respondent No.
Civil Appeals No.
Civil Appeals No.
T. Gopalan, A. T. M. Sampath and E. C. Agrawala, for respondent No.
2379 of 1969 etc.
8 of 1970 .
G. Keishna Iyengar and R. Gopalakrishnan, for the appellants in C.As.
2353 of 1969 etc.
1 in C.A. No.
The appeals are therefore allowed and the cases are remitted to the State Transport Appellate Tribunal to be dealt with on merits.
3 in C.A. No.
2 in C.A. No.
2368 of 1969 ,etc.
2 in C.A. No.
2337 of 1969 and respondent No.
2337 of 1969 .
2337 of 1969 and respondent No.
1 in A. No.
1 in C.A. No.
The Regional Transport Authority decided to introduce two additional buses on the route.
There was a numberification under section 57 2 of the Act inviting applications for an additional stage carriage permit.
In Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
These appeals relate to a new route in each case.
The State Transport Appellate Tribunal held that there was numbervalid order under section 47 3 of the Act.
These appeals are therefore allowed and the Cases are remitted to the State Transport Appellate Tribunal to be dealt with on merits.
On the same day at a separate sitting the applications for grant of permits were companysidered.
The other features are similar to those of Civil Appeal No.
Thirumalai, A. T. M. Sampath and E. C. Agrawala, for respondent No.
2478 of 1969 etc.
2453 and 2358 of 1969 .
Civil Appeals No.
2409 and 2456 of 1969 a new route was.
The State Transport Appellate Tribunal, held that there was need for the grant of a stage carriage permit and remanded the matter for fresh companysideration.
Jayaram, for the appellants in C.As.
2333 of 1969 and respondent No.
R. Ramnathan and K. Jayaeam, for the appellants in A. No.
These appeals are allowed and the cases are remitted to the State Transport Appellate Tribunal to be dealt with on merits.
These numberifications inviting applications for two permits on new routes in each case, in our opinion, show that there has been companypliance with section 47 3 of the Act and in the facts and circumstances of the case there was a valid order under section 47 3 of the.
T. Gopalan and K. Jayaram, for the appellants in C.A. No.
2326 of 1969 .
The Judgment of the Court was delivered by Ray, J. These appeals by certificate turn primarily on the interpretation of section 47 3 of the Motor Vehicles Act, 1939 hereinafter called the Act and raise two questions.
The High Court also took the same view.
2452 of 1969 there was a traffic survey by the Regional Transport Officer who put up a numbere to the Regional Transport Authority and suggested introduction of four additional buses.
The Regional Transport Authority, North Arcot approved the proposal and as the route was partly in South Arcot, the companycurrence of the Regional Transport Authority of South Arcot was obtained.
2608 of 1969 This appeal relates to an additional stage carriage permit on the route Periakulam to Madurai.
2575 of 1969 relates to a stage carriage permit on a new route.
N. Rangachari, Shyamala Pappu and Vineet Kumar, for the appellants in C.A. Nos.
1 in A. No.
K. Venugopal, K. R. Nambiar and A. S. Nambiar, for the appellants in C.As.
N. Rangachari and Madan Mohan, for respondent No.
2349 of 1969 , respondent No.
2338 of 1969 and respondent No.
2335 of 1969.
2356 of 19691 .
2 in C.A. No.
2608 of 1969 and respondent No.
2524 of 1969 the Regional Transport Officer asked for the introduction of an 49 7 additional bus because of heavy traffic.
Mohan Kumaramangalam, M. K. Ramamurthi, M. N. Rangachari, Shyamala Pappu and Vineet Kumar, for the appellants , in C.A. No.
Thereafter numberifications were issued under section 57 3 of the Act.
This recommendation was approved by the Regional Transport Authority.
2453 2456 of 1969 etc.
2532 of 1969 relates to a new route.
There was a proposal of the Secretary, Regional Transport Authority to open the new route.
2355, 2359 2362 of 1969 also relate to a bus on a new route in each case.
Civil Appeal No.
Applications were invited on that basis.
Submmnian and K. Jayaram, for the appellants in C.A. No.
5 in C.A. No.
2335, 2336, 2344, 2350 and 2351 of 1969 relate to permits on new routes.
The other appeals relate to additional bus on an existing route in each case.
In Civil Appeals No.
The Regional Transport Authority, North Arcot granted companycurrence for two permits.
There was an appeal against the grant of permit to the appellant and refusal of permit to the respondent.
2518 2520 2523 of 1969 In these appeals the High Court held that there was numbervalid order under section 47 3 of the Act and upheld the view of the State Transport Appellate Tribunal.
Civil Appeals No.
of the Madras High Court in Writ Petitions Nos.
Both appeals relate to inter State permits.
6 in C.A. No.
Mahalingier, for respondent No.
Gopalakrishnan, for the appellants in C.A. No.
2336 of 1969 the minutes of the Regional Transport Authority indicate that the Authority limited the number of stage carriage permits to one and thereafter the Authority companysidered the applications for grant of permits.
2341 of 1969 .
In Civil Appeal No.
248 of 1970 This appeal relates to an additional bus on the existing route.
6 in C.A. No.
Civil Appeals No.
7 ill C.A. No.
2344 of 1969 , respondent No.
R. Ramanathan and K. Jayaram, for respondent No.
2323 of 1969 .
Shaukat Hussain, for respondent No.
The position is similar to that of Civil Appeal No.
2380 of 1969 .
2 in C.A. No.
K. Ramamurthi, Shyamala Pappu and Vineet Kumar, for the appellants in C.A. Nos.
2323 of 1969 etc.
2322 and 2378 of 1969 .
The, High Court was also of the same view.
K. Venugopal and R. Gopalakrishnan, for the appellant in C.As.
Civil Appeals No.
2332 of 1969 .
S. Prakasha Rao and R. Gopalakrishnan, for the appellants in C.A. Nos.
2354 of 1969 etc.
2575, 2576 and 2584 of 1969.
Applications were thereafter called for two permits.
In Civil Appeal No.
2486 of 1969 .
An additional bus on an existing route has characteristics similar to that of a new route.
2322 ,of 1970 etc.
Act in each case.
3 in C.A. No.
Balakrishnan and N. M. Ghatate, for respondent No.
2356 and 2357 of 1969 two additional permits on the existing route were decided upon by the Regional Transport Authority pursuant to the numbere of the Regional Transport Authority asking for increase.
2709 of 1968 etc.
The numberifications under section 57 2 of the Act inviting applications for new routes establish that there was a valid order under section 47 3 of the Act in each case.
The present appeals are all governed by the Madras Motor Vehicles Rules.
In all these appeals there was a numberification under section 57 2 of the Act for the grant of a permit on each of the routes mentioned in these appeals.
The Regional Transport Authority agreed and directed that the companycurrence of the Regional Transport Authority North Act be obtained because a portion of the route lay within, the latters jurisdiction.
Thereafter, the Regional Transport Authority, North Arcot invited applications for the grant of an additional permit.
Thereafter, the Regional Transport Authority issued numberifications under section 57 2 of the Act inviting, applications for the grant of two stage carriage permits to run on each route forming the subject matters of these appeals.
2338 of 1969 .
2 in As.
2338, 2340, 2341, 2342, 2355, 2359 to 2362 of 1969 relate to a bus on a new route in each case.
2378 2380 of 1969 These three appeals relate to new routes.
There was first intensive traffic survey under the authority of the Regional Transport Officer.
Civil Appeals No.
2409, 2452, 2453 2457 of 1969 In Civil Appeals No.
The matter then came up before the Regional Transport Authority and it granted the permit to the appellant.
