S.Gomathi v. The Regional Transport Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. Nos. 10647 and 10650 of 2021 S.Gomathi ... Petitioner in both the WPs Vs.

The Regional Transport Authority cum District Collector Nagapattinam.

... Respondent in both the WPs Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondent herein to consider and dispose of the Petitioner's representations dated 25.03.2021, so as to enable the Petitioner to ply her mini bus covered by the Vehicle Nos. TN 23 BZ 8268 and TN 59 N 0191 respectively, upto Nagapattinam New Bus stand from Nagapattinam North Kottai Vaasal.

For Petitioner : Mr. T.Padmanabhan For Respondents :

Mr. P.Chinnadurai Additional Government Pleader COMMON ORDER Mr.P.Chinnadurai, Learned Additional Government Pleader accepts notice on behalf of the Respondents. By consent of both the parties, these writ petitions are taken up for final disposal at the time of admission itself.

2.According to the petitioner, she is the holder of the mini stage carriage permits in respect of the vehicles bearing Registration Nos. TN 23 BZ 8268 and TN 59 N 0191 and the permits are valid upto 03.05.2021 and 05.09.2025. As per the communication bearing No.90919/E2/2000 dated 29.11.2000, the respondent has given instructions to all the transport authorities to the effect that the existing mini bus operators like the petitioner, may be permitted to go inside the bus stand, so that the benefit of the Scheme reaches the villages in

full, subject to the condition that the overlapping distance of 4 km should not exceed in the served sector. Taking note of the said instructions and in order to avoid traffic congestion and also for the benefit of the students, travelling public, children and aged people, who want to go to the other destinations, the petitioner submitted separate representations dated 25.03.2021 seeking permission to ply the said vehicles upto Nagapattinam New Bus Stand, from Nagapattinam North Kottai Vaasal. However, the said representations have not been considered, till date. Hence, she has come up with the present writ petitions seeking appropriate direction to the respondent in this regard.

3.Heard both sides and perused the materials available on record.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the Learned Counsel on either side, this Court directs the Respondent to consider the petitioner's representations dated 25.03.2021 and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order.

5.Accordingly, both the writ petitions stand disposed of. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar Maya To The Regional Transport Authority cum District Collector Nagapattinam.

+2 CCs to Mr. T. Padmanaban, Advocate, Sr.25888, 25889. +1 CC to The Government Pleader, Sr26009.

W.P. Nos. 10647 and 10650 of 2021 NK(CO) SP(15/07/2021)

Dated : 27.04.2021