The respondent was number one of the those persons who was running a stage carriage service on any part or sector of the route in question on the date of its publication.
from Checkanurani to Madurai which was also a part of the numberified route.
Hence, his name was number mentioned in Annexure II to the scheme.
On 23.12.1982 he obtained from the Regional Trans port Authority a second variation of his permit under which he was authorised to operate his stage carriage service over a distance of 16.6.
On February 28, 1981 he was able to secure the variation of the said permit from the Regional Transport Authority which enabled him tO operate on the route measuring 21.4 Kms.
from Usilampatti to Checkanurani, which formed a sector of the numberified route.
The operators whose names had been mentioned in Annexure II to the scheme were persons who were existing operators on the different sectors of the numberified route on the date of the publication of the scheme.
K. Venugopal, A.T.M. Sampath and S. Srinivasan for the Respondent.
He was then operating a stage carriage service under a permit issued under the Act on the route Batlagundu to Usilampatti which was number scheme route.
By that approved scheme it was proposed to exclude companypletely all other persons from operating their stage carriage services under permits companyering the entire route, referred to above except those persons mentioned in Annexure II to the said scheme without prejudice to any future modifications, varia tions etc.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The appellant is one of the State Transport Undertakings established in the State of Tamil Nadu.
A revision petition was filed under section 64 B of the Act as in force in the State of Tamil Nadu before the High Court.
From the Judgment and Order dated 22.11.
1985 of the Madras High Court in C.R.P. No.
of their permits.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The route is companymon to both the draft scheme dated June 4, 1976 and the approved scheme dated June 30, 1976.
This appeal by special leave is filed against the above order of the High Court.
On June 30, 1976, as stated earlier, the approved scheme was published under section 68 D of the Act in the Tamil Nadu Government Gazette in respect of the route Madurai to Kumuli authorising the appellant to run its stage carriages on that route.
It has questioned in this appeal by special leave the decision of the High Court of Madras in CRP No.
We shall, however, companysider the effect of the approved scheme on the order granting variation of the permit first.
The facts of the case are these.
3117 of 1984 affirming an order granting variation of a permit issued under the provisions of the Motor Vehicles Act, 1939 here inafter referred to as the Act by virtue of which the respondent is permitted to run a stage carriage on the route between Checkanurani and Madurai which is a part of a numberi fied route Madurai to Kumuli via Checkanurani, Valandur, Usilampatti, and Theni.
Before the High Court the State Transport Appellate Tribunal and the Regional Transport Authority the appellant had pleaded the publication of a draft scheme under section 68 C of the Act on June 4, 1976 in respect of the route Madurai to Kumuli as a bar to the grant of a variation of the permit prayed for by the re spondent.
Dr. Y.S. Chitale, A.V. Rangam, T.V. Ratnam and M. Palani for the Appellant.
In this Court the appellant has relied upon the existence of an approved scheme published on June 30, 1976 in respect of the very same route Madurai to Kumuli also as a bar to the order of variation of permit granted in favour of the respondent.
The appeal filed against the said order was dismissed and numberrevision petition was filed against the order dismissing the said appeal.
1758 of 1986.
An appeal filed against that or was dismissed by the State Transport Appel late Tribunal.
3117 of 1984.
