LexMUNICIPAL COUNCIL PALAI versus T.]. JOSEPH AND OTHERS
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.. J_ 2S.C.R. SUPREME COURT REPORTS MUNICIPAL COUNCIL PALA:! v. T.]. JOSEPH AND OTHERS (K. SUBBA RAO, RAGHUBAR DAYAL, and J. R. MUDHOLKAR JJ.) 87 Motor Vehicles-Public Bus Stand constructed by M unici·' pality-Demand of charges from operator8 using the stand- Validity-Statutory provisions, if repealed by implication- Travancore District Municipalities Act, (XXIII of 1116 M. E.), (Corresponding to A. D. 1914), ss. 286, 287-Travancore- Cochin Motor Vehicles Act, 1125, s. 72. · The appellant passed a resolution providing for the use of a public bus stand constructed by it for stage carriage buses starting from and returning to the Municipal limits of Palai or passing through its limits. It also prohibited the use of any other public place or public street within the Municipal limits as a bus stand or a halting place. The respondents who were using that bus stand, were served with notices demanding the payment of the charges due from them. They preferred writ petitions before the High Court challenging the validity ~f the action taken by the appellant and praying for quashing the notices issued against them. The High Court accepted the contention of the respondents that the provisions of ss. 286 and 287 of the Municipalities Act stood repealed by implication by virtue of the provisions of s. 72 of the Travancore-Cochin Motor Vehicles Act. On appeal by special leave this court held:- Held, that at the basis of the doctrine of implied repeal is the presumption that the legislature which must be deemed to know the existing law did not intend to create any confusion in the law by retaining conflicting provisions on the statute book and, therefore, when the court applies this doctrine it does no more than give effect to the intention of the legislature ascertained by it in the usual way. Daw v. The M•tropolitan Board of Works, (1862) 142 E. R. ll04, Great Central Gas Consumers Co. v. Clarke, (1863) 143 E. R. 331, and Goodwin v. Phillipa (1908) 7 C. L. 1l. 16, !lis\in~ished, 1963 Febl'llllry U. !96:1 11uniripcl Coundl Pafai v. T. J. J o_rt·/1h .\flulho/J:~r J. 88 SUPREME COURT REPORTS [1964) VOL. Jn the presrnt case, the proper construction of the two sets of provisions would be to r~ard s. 72 of tlir: ·rravancorc~ Cochin !\1'otor \'chicles Act as a provision in C')ntinuity \\•ith ss. 286 and 287 of the ·rravfincore District_ Mu11ir.ipali1ies . .\ct so that it r.oukl he availed of by the appropr iatc authority as -.nd \\·hen it chose. Thr: intention of the legic;lature \Vas to allow the t\VO sets of provisions to co-exist, b~r."\u~e both arr. c:-nahling ones and in such a position, it r.ould not imply repeal. Dal' Chand v. Stair. of Uttar l'rade.oh, (1959] Supp. 2 S. C.R. I!, Shyamkrint Lal ''· Raml1hajnn Singh, [1939] ~C.R. 193, and .4ttonu:y-Gtneral for Ontari•J \' . .1tttJrnl!,!f- Ge~eral for !lie Dominion, j 1896] A. C. 34B, referred to. Alli no action under s. 72 had so far hc:en takr.n b1.: the Govern1nent, it could not be sairi that a co;iflict \V)ttld ·arise and, therefore, the resolution> of the Municipal C mncil still hold good a_nd the appeals must be allowed. Crnr. APPI'LLATF: Jua1sn1CT1oi.- Civil Appeals Nos. 7!) to 81 of I !lGI. Appeals by special leave from the judgment and order dated November 18, l!J59, of the Kerala High Court in 0. P. No. 57!l, 580 and ti.Ii of I !l:i!l . .M. U. Isaac, Giri.~h Chandra and Scmlm· Baltadur. for the appellant. The respondent did not appear. 1963. February 14. The .Judgment of the Court was delivered by :VluonOLKAR .J.- The Municipal Council, Palai, the appellant before us, passed a resolution on September 12, 1958 providing for the use from October I, 1958 of a public bus stand constructed by it for stage carriage buses starling from and returning to the municipal limits of Palai or passing through its limits. ,\ fee of Re. 1 per day was to bl' charged _ .... - 2 S.C.R. SUPREME COURT REPORTS 89 on every such bus and 50 nP. per day on buses which merely pass through the municipal limits. The resolution also prohibited the use after that date of any other public place or the sides of any public street within Palai municipal limits as a bus stand or a halting place. At the request of the bus operators the Municipal Council, by a resolution dated September 24, 1958 reduced the rates from Re. 1 to 80 nP. per day and from 50 nP. to 40 nP. per day. By a further resolut
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