- (1.) This appeal by certificate granted by the High Court of Madras is directed against its order dated October 3, 1966, allowing the writ petition filed under Article 226 of the Constitution by M/s. Raman and Raman (P) Ltd., Kumbakonam, and quashing the order of the Regional Transport Authority, Thanjavur, dated March 28, 1966, whereby the Regional Transport Authority had granted the application for variation of the route Sirkali to Kumbakonam of M/s. Sir Ram Vilas Service Ltd., Kumbakonam, in respect of two stage carriages.
(2.) On December 9, 1965, the application of M/s. Sri Ram Vilas Service Ltd. Kumbakonam for variation of the route Sirkali to Kumbakonam was notified under Section 57 (3) of the Motor Vehicles Act, 1939. M/s. Raman and Raman (P) Ltd., among others, filed objections and after hearing the objections, by order dated March 28, 1966, the Regional Transport Authority, Thanjavur, granted the application as, according to it, the variation applied for was in the interest of the travelling public. The distance covered by the variation extended beyond 24 kilometers. M/s. Raman and Raman (P) Ltd. filed the petition under Article 226 of the Constitution to quash the order of the Regional Transport Authority.
(3.) The question which arises in this appeal is whether the Regional Transport Authority had jurisdiction to vary the route by extending it beyond 24 kms. The High Court, following its earlier decision in Swami Motor Transport (P) Ltd. v. Murugan Transports, Tiruchirapalli, (1966) Writ Petn. No. 3744 of 1965. D/- 7-9-1966 (Mad) held that "any variation in excess of 24 kilo metres would be ex facie illegal and violation of the intendment of the Legislature enacting Act 3 of 1964.";