R.Rathnasamy v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16336 of 2015 R.Rathnasamy ..

Petitioner -vs1. The Regional Transport Authority Tirupur Region-North Collectorate Tirupur 641 604

2. Smt.J.Lalithamani ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to initiate necessary action directing the second respondent to operate her two vehicles TN 4313 B 8776 and TN 57 N 0340 on the route Velliangadu to 15 Velampalayam as granted by the first respondent. For Petitioner ::

Mr.T.Padmanabhan For Respondents ::

Mr.A.Kumar Special Government Pleader for R1

ORDER

This writ petition has been filed by Mr.R.Rathnasamy under Article 226 of the Constitution of India, to direct the first respondent to initiate necessary action against the second respondent to operate her two vehicles bearing Registration Nos.TN-4313-B-8776 and TN-57-N-0340 on the route Velliangadu to 15 Velampalayam strictly as per the permit granted by the first respondent.

2. When the matter was taken up, the learned counsel for the petitioner submitted that when the petitioner is the only person permitted to ply the vehicles bearing Registration Nos.TN-23-N-0414 and TN-33-N-0375 with a set of schedule timings on the route Tirupur old bus stand to Boyampalayampirivu via Rice mundy corner, Gajalakshmi theatre, Ramlakshman theatre, Valipalayam, Sangeetha theatre, first railway gate, second railway gate, glag post, Thiruneelakantapuram, MS Nagar, New bus stand, Angeripalayam and Gengamedu, no other person shall be allowed to use this route. In https://hcservices.ecourts.gov.in/hcservices/

the present case, the second respondent-Tmt.J.Lalithamani has been plying her mini bus bearing Registration No.TN-43-B-8776 on the route from Tirupur old bus stand via Municipal office, Railway station, Uthukuli road, Railway gate, SRC Mills, Palayakad, Flagpost, ESI Corporation, Thiruneelakantapuram, MS Nagar, new bus stand without proceeding to 15 Velampalayam and vice versa and the other mini bus bearing Registration No.TN-57-N-0340 on a route not authorised by the permit. As the second respondent has not been issued with any valid permit by the first respondent for the above route, representations have been given. But the first respondent, having not paid any attention whatsoever, therefore, the petitioner has come to this Court.

3. It is at this point of time, Mr.A.Kumar, learned Special Government Pleader appearing for the first respondent submitted that suitable action has already been taken against the second respondent and an order of suspension of permit has also been passed.

4. The learned counsel for the petitioner again submitted that even though the first respondent has passed an order of suspension of permit,the second respondent is plying her vehicles. If the second respondent is plying the vehicles with impunity, it is for the first respondent to take appropriate action. Hence, recording the statement of the learned Special Government Pleader for the first respondent, this writ petition is dismissed. Consequently, M.P.No.1 of 2015 is also dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The Regional Transport Authority Tirupur Region-North Collectorate, Tirupur 641 604.

+1cc to Mr.Radhagopalan, Advocate, S.R.No.28841 +1cc to Mr.P.Padmanathan, Advocate, S.R.No.28320 +1cc to the Government Pleader, S.R.No.29015 LRS(CO) EU(23/06/2015) W.P.No.16336 of 2015 https://hcservices.ecourts.gov.in/hcservices/