K M SHANMUGAM PROPRIETOR K M S TRANSPORT TANJORE MADRAS STATE Vs. S R V PRIVATE LIMITED

JUDGEMENT

(1.) THE following Judgeent of the court was delivered by :

(2.) THIS appeal by special leave is directed against the judgment of a division bench of the High court of judicature for Madras confirming that a single judge of that court allowing. the petition filed by the respondent under Art. 226 of the constitution and quashing the order made by the State Transport Appellate tribunal granting a stage carriage permit to the appellant for the route Tanjore-Mannargudi via Vaduvoor.

(3.) IT is not necessary to express our opinion on the wider question in regard to the scope and amplitude of Art. 226 of the Constitution, namely, whether the jurisdiction of the High court under the said Article to quash the orders of Administrative tribunals is confined only to circumstances under which the High court of England can issue a writ of certiorari or is much Wider than the said power, for this appeal can satisfactorily and effectively be disposed of within the narrow limits of the ambit of the English court's jurisdiction to issue a writ of certiorari as understood by this court. If it was necessary to tackle the larger question, we would have referred the matter to a bench of 5 judges as it involved a substantial question of law as to the interpretation of the Constitution; and under Art. 145 thereof such a question can be heard only by a bench of at least 5 judges. In the circumstances a reference to the decisions of this court cited at the Bar, which are alleged to have expressed conflicting views thereon, is not called for. We shall therefore, confine ourselves to the narrow question.