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PETITIONER: P.SAMIAPPA GOUNDER,THIRUMALAI TRASPORT SERVICEPROP. M/S P.S.

       Vs.

RESPONDENT: P. SAMIAPPA GOUNDER & ORS.THE REGIONAL TRANSPORT AUTHORITY,P

DATE OF JUDGMENT:       24/01/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                             WITH                 CIVIL APPEAL NO. 478 OF 1997          [Arising out of SLP (C) Nos.23207 of 1996]                          O R D E R      Nos.476-477/97      IN CA/@ slp (C) NOS.14713-14/96      Leave granted.      We have heard learned counsel for the parties.      There was no order passed or action pursued in terms of Rule 155-A(6)  of the  Motor Vehicles  Rules which envisages that the authority is required to draw up the proceedings to consider the  merits and demerits of the applications and to give reasons  for grant of the permit. The Division Bench of the High Court has pointed out in the impugned judgment 28th June, 1996  that since  no  reasons  were  recorded  in  the proceedings purported  to have  been held  on 9th May, 1984, order  dated   August  1,   1984  passed   by  the  Regional Development Authority the grant  of permkt was not valid and being a  nullity it  is non est. The High Court has observed as under:      "We have  pointed out  that records      do not  contain any  proceedings or      any reasons  except  the  order  as      notified  which  has  already  been      extracted. There is no disagreement      between the  parties regarding  non      existence   of    the   proceedings      containing  reasons  for  selecting      the first  respondent and rejecting      the other applications".      In view of the above finding all the contentions raised on the legality of the Division Bench judgment passed by the Division Bench warranting interference.      As regards  C.A No  478 of  1997 @  SLP (C) No.23207 of 1996. the High Court has dismissed the writ petition holding that the  entire  proceedings  is  a  nullity.  Under  those circumstances, no writ can be issued as was sought for. The appeals are accordingly  dismissed. No costs.

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