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In Re: the French India Central Transport, Limited - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1948Mad497; (1948)1MLJ401
AppellantIn Re: the French India Central Transport, Limited
Cases ReferredRyots of Garabandho v. Zamidar of
Excerpt:
- .....appeal by n.v. bashyam reddiar and cancelling the order passed in favour of the petitioners by the regional transport authority, vellore. the subject-matter of this application is a transport service from cuddalore to pondicherry, and the petitioners, applied on 1st october, 1946, for permits to run two buses on that route. on 21st july, 1947, the regional transport authority permitted the petitioners to run two buses on the route for a period of four months. on the expiry of the period covered by these permits again on 3rd december, 1947, two temporary permits were issued for the period from 4th december, 1947 to 3rd april, 1948. meanwhile, one bashyam reddiar, proprietor of another transport service, preferred an appeal to the respondent board against the decision of the regional.....
Judgment:

Rajamannar, O.C.J.

1. This is an application for the issue of a writ of certiorari to call for the records of the Central Road Traffic Board, Madras, and quash its order, dated 22nd January, 1948, purporting to allow an appeal by N.V. Bashyam Reddiar and cancelling the order passed in favour of the petitioners by the Regional Transport Authority, Vellore. The subject-matter of this application is a transport service from Cuddalore to Pondicherry, and the petitioners, applied on 1st October, 1946, for permits to run two buses on that route. On 21st July, 1947, the Regional Transport Authority permitted the petitioners to run two buses on the route for a period of four months. On the expiry of the period covered by these permits again on 3rd December, 1947, two temporary permits were issued for the period from 4th December, 1947 to 3rd April, 1948. Meanwhile, one Bashyam Reddiar, proprietor of another transport service, preferred an appeal to the respondent Board against the decision of the Regional Transport Authority, dated 21st July, 1947 and the respondent, as already mentioned, purported to allow this appeal. The petitioners state that the appeal was not competent and the respondent Board had no jurisdiction to entertain and allow it.

The main question for consideration is, assuming that the respondent Board acted without jurisdiction.whether this Court can issue a writ of certiorari in view of the decision of the Judicial Committee in Ryots of Garabandho v. Zamidar of parlakimedi (1943) 2 M.L.J. 254 : L.R. 70 IndAp 139 : I.L.R. (1944) Mad. 457 (sic) as it relates to a transport service in the mofussil. We hold, therefore, that the decision in the Parlakimedi's case1, directly precludes us from issuing the writ of certiorari which the petitioners seek in this application.

The application is therefore dismissed.


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