The Secretary v. M/S.Easy Ride Transports

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Review Application No.18 of 2022 and W.M.P.No.4101 of 2022 1.The Secretary, Regional Transport Authority, Tiruppur Region North, Tiruppur.

2.The Regional Transport Authority, Tiruppur District, Tiruppur.

... Applicants Vs M/s.Easy Ride Transports, Rep. By its Managing Partner, M.Jagannathan, No.5, Town Extension 3rd Street, Tiruppur.

... Respondent Prayer : Application filed under Order 47 Rule 1 & 2 of the Civil Procedure Code read with Section 114 of CPC praying to allow the review application and to set aside the order dated 16.11.2021 made in W.P.No.16897 of 2021.

For Applicants : Mrs.V.Yamunadevi For Respondent : Mr.M.Palani 1/4

ORDER

This review application has been filed seeking review of the order passed by this Court dated 16.11.2021 made in W.P.No.16897 of 2021.

2. In the said order, as per the amended prayer, the order of rejection made by the 2nd respondent in the writ petition dated 18.07.2020 was sought to be quashed.

3. The sum and substance of the issue which was decided in the said case is that, whether the application submitted in 1998 under Rule 8 of the relevant Rules was a fresh application for grant of variation to the extent of 3 Kms from Coimbatore Lakmi Mill to Coimbatore Bus Stand or it should be continuous application of earlier variation sought for granted for 24 Kms from Karumathampatti to Coimbatore Laxmi Mill.

4. Having heard the parties before this Court in the said writ petition, by a detailed order, I have considered the said issue and directed to treat the application submitted by the respondent, who was the writ petitioner, in the year 1998 seeking the variation of only 3 Kms from Coimbatore Laxmi Mill to Coimbatore Bus Stand as a fresh application 2/4

for variation and that is permissible. The argument advanced by the respondents in the writ petition who are the review applicants herein that, the earlier variation permitted for 24 Kms also shall be taken into account along with the present variation of 3 Kms sought for as it is a continuous application of the earlier one and both are combined together, the total kilometers variation sought is 27 Kms which is impermissible as the maximum kilometers is only 24 Kms, was rejected by my order dated 16.11.2021.

5. Therefore, after having considered the various orders passed by this Court on the subject, by a detailed order, I have allowed the said writ petition. Therefore, the said order dated 16.11.2021 does not require any review, as apparently, no error available on the face of the said order. Hence, I am of the view that this Review Application is deserved to be rejected, accordingly, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

05.04.2022 Index : Yes / No Speaking Order : Yes / No Note : Issue order copy on 11.04.2022 Sgl R. SURESH KUMAR, J.

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