SRI RAMA VILAS SERVICE, LIMITED Vs. THE ROAD TRAFFIC BOARD BY ITS SECRETARY

JUDGEMENT

(1.) THIS is an appeal against the dismissal by Kunhi Raman, J., of an application for an order under Section 45 of the Specific Relief Act, analogous to the high prerogative writ of mandamus. The appellant company was the applicant; the respondent is the Road Traffic Board, Madras, which was constituted by the Provincial Government pursuant to Section 44 of the Motor Vehicles. Act, 1939 (hereinafter called "the Act"). Prayer (c) in the application solely arises in this appeal by which an order was sought directing the respondent to consider the applicant's application under Section 45 of the Act, dated 24th February, 1947, in accordance with the provisions of the Act, and the Rules made thereunder, for renewal of permits for a number of buses to ply for hire as stage carriages, and that the respondent should ignore the executive order issued by the Provincial Government, Madras, in G.O. No. 3898 (Home), dated 9th December, 1946. In dismissing the application the learned Judge directed there should be no order as to costs.

(2.) THE appellant company carries on business in the Province of Madras, it provides road transport services in the City and throughout the Province for members of the public; it owns 565 transport vehicles (buses and lorries), employs about 4,000 persons, and has an annual turnover of about ninety lakhs of rupees. There are -prescribed routes for buses, each route has a serial number, the route concerned in this appeal being No. 16, which runs between two points within the City. A permit is required for each bus running upon a route, which is granted by the Regional Transport Authority (so designated in the Act), and is the respondent, called "The Road Traffic Board, Madras." Prior to February, 1947, the appellant held 24 permits for buses to ply for hire on route 16, granted by the respondent, pursuant to Sections 42, 45, 47, 48 and 58 of the Act, for three years expiring on 1st May, 1947. By Form P.R.A. (prescribed in the Rules made under the Act) dated 24th February, 1947, the appellant applied for a grant of fresh permits, or for renewals of the expiring permits, for the same number of buses; for route 16. The form of application and a cheque for Rs. 192, the fees payable, were sent to the respondent with the appellant's letter, dated 26th Febuary, 1947, requesting renewal for a period of 3 years. On 7th March, 1947, the respondent Board replied stating that

(3.) IT is now convenient to refer to the relevant provisions of the Act and the rules made thereunder: