Kerala Court May 1957 Judgments

Calicut Wynad Motor Service (Private) Ltd. Vs. State Transport Appella ...

Court: Kerala

Reported in: AIR1958Ker19

ORDERRaman Nayar, J.1. This petition under Article 226 of the Constitution for the issue of a writ of certiorari raises the question whether Sub-section (2) of Section 64 of the Motor Vehicles Act, 1939, as in force in the area formerly known as the District of Malabar, namely, as amended by Madras Act XXXIX of 1954, has become void by reason of the enactment of the new Section 64-A by Central Act 100 of 1956. The petitioner is a bus operator, and in August 1955 he obtained a permit from the Regional Transport Authority, Kozhikode, for running a bus from Kozhikode, to Sultan's Battery.The second respondent herein was a rival applicant, and he and the other unsuccessful applicants took the matter in appeal and eventually the State Transport Tribunal, Madras, (the appellate authority constituted under Section 64 of the Act), after declaring the petitioner ineligible, remanded the matter to the Regional Transport Authority for fresh disposal after considering the claims of the remaining a...