← Library
Madras High CourtWP/14566/2016disposed of

S. Mani v. The Regional Transport

2016-04-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.14566 of 2016 S.Mani ... Petitioner Vs.

The Regional Transport Authority Cum District Collector, Salem.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondent herein to consider and pass orders forthwith on the petitioner's representation dated 25.02.2016 for plying the Stage Carriage Permit TN 54 2233 on the route Salem Town Service Route No.14 - Salem V. Market to Valasaiyur (Via) Indian Bank, 1st Agraharam, 2nd Agraharam, Salai Road, East Railway Gate and Veeranam.

For Petitioner : Mr.T.Padmanabhan For Respondent : Mr.A.Zakir Hussain

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider and pass orders forthwith, on his representation dated 25.02.2016 for plying the Stage Carriage Permit bearing No.TN 54 2233 on Salem Town Service Route No.14 - Salem V. Market to Valasaiyur (Via) Indian Bank, 1st Agraharam, 2nd Agraharam, Salai Road, East Railway Gate and Veeranam.

2. It is the case of the petitioner that he is having a Stage Carriage Permit, operating on the Salem Town Service Route No.14 via, Salem V.Market to Valasaiyur (via) Indian Bank, Ist Agraharam, IInd Agraharam, Salai Road, East Railway Gate and Veeranam, by the vehicle bearing Regn.No.TN 54 2233 and the said permit is valid upto 30.10.2020. While so, on 23.02.2015 in Salem District Government Gazette, it was notified that all the buses plying on the said route should ply via - Salem Bus stand, https://hcservices.ecourts.gov.in/hcservices/

Valluvar Silai, Government Hospital, Mulluvadi Gate, Anandha Bridge. Due to the said notification, all the buses should ply additional 1.5 km distance, which increase additional 10 minutes for every trip in the existing fare. Further, the people coming from Salem 1st Agraharam, have to travel 1km distance to catch the buses. In addition to the above, by the said diversion of route, there is no benefit to the general public. Hence, the petitioner made a detailed representation dated 25.02.2016 to the respondent seeking permission to ply his bus on the original route. However, till date, no order has been passed by the respondent. Therefore, the petitioner has filed the present petition for the above stated relief.

3. Heard Mr.T.Padmanabhan, learned counsel for the petitioner and Mr.A.Zakir Hussain, learned standing counsel, who took notice for the respondent.

4. Considering the limited nature of the relief sought for herein, this Court directs the respondent to consider the representation of the petitioner dated 25.02.2016, by affording an opportunity of personal hearing to the petitioner and pass appropriate orders. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rk To The Regional Transport Authority Cum District Collector, Salem.

+1cc to Mr.T.Padmanabhan, Advocate, S.R.No.24917 +1cc to the Government Pleader, S.R.No.24940 W.P.No.14566 of 2016 VS(CO) CA(25/04/2016) https://hcservices.ecourts.gov.in/hcservices/