K.Malarvizhi v. The Regional Transport Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 8.2.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR and W.M.P.No.3571 of 2023 K.Malarvizhi ...

Petitioner Vs.

1 The Regional Transport Authority, Salem District, Salem.

2 The Secretary, Regional Transport Authority, Salem (East) Salem.

3 The Secretary Regional Transport Authority, Salem (West), Salem.

4 The Secretary, Regional Transport Authority Salem (south), Salem.

5 S.G.R.Sridhar 6 S.Varadhappan 7 T.A.Kadhirvel 8 N.Sinraj 9 Santhi Giridharan 10 T.Praveen Kumar 11 The Tamil Nadu State Transport Corporation Ltd. Salem Division Rep by its Managing Director, Salem.

...

Respondents 1/4

Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 4 to forbear the respondents 5 to 11 from operating their respective stage carriage services from Milk Market to old bus stand via. Government Hospital Collector office in violation of the order of the first respondent made in R.No.44709/ 81/ 87 dated 1.7.1993and further direct the said respondents to operate their vehicles to mofussil bus stand in accordance with the judgment of this Honble Court made in W.P.No 22264 of 1994 dated 3.8.1994 and in accordance with the order of the firsts respondent made in R.No. 44709 / 81/ 87 dated 1.7.1993 under which they are directed to operate their mofussil services to the new bus stand via Four Road Chathiram Milk Market Lorry Stand, Thirumalai Theatre. For Petitioner : Mr.M.Palani For Respondents : Mrs.R.Anitha, Spl. G.P.

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O R D E R

Writ petition is filed seeking Mandamus, directing the respondents 1 to 4, to forbear the respondents 5 to 11 who are operating mofussil buses, operating their services from old bus stand, even though the Mofussil buses are authorised to ply from New Bus stand. The petitioner who is operating Town Bus Service from old bus stand aggrieved by such action, has filed the instant writ petition.

2. It is brought to the notice of this Court that already the first respondent passed an order which reads as under: ''Hence, it is ordered that all the mofussil buses should ply from New Bus Stand and to be halted there itself. All the Town Bus operators are to ply their town buses from the Old Bus Stand and halted there itself. The Mofussil buses issued with permits to ply from Salem New Bus Stand towards Elampillai 2/4

(via) Siddhar Koil should ply from New Bus Stand as per the following direction: new Bus Stand - Towards Chatiram - Milk Market - Lorry Stand - Thirumagal Theatre and then towards Elampillai and beyond.''

3. Recording the aforesaid proceedings issued by the first respondent in Proc.R.No.A4/41621/2022 dated 30.1.2023 the writ petition stands disposed off. No costs. Connected miscellaneous petition is closed. 8.02.2023 Speaking/Non Speaking order Index: Yes/No vaan 1 The Regional Transport Authority, Salem District, Salem. 2 The Secretary, Regional Transport Authority, Salem (East), Salem. 3 The Secretary, Regional Transport Authority, Salem (West), Salem. 4 The Secretary, Regional Transport Authority Salem (south), Salem. 3/4

N.SATHISH KUMAR, J.

vaan and W.M.P.No.3571 of 2023 Dated: 8.2.2023 4/4