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Madras High CourtWP/19416/2015disposed of

K.P.Mohanasundaram v. Tmt.S.Nalini

2015-12-18Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM:

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.Nos.19416, 19417, 17250 and 18303 of 2015 and connected MPs.

K.P.Mohanasundaram ...Petitioner in WPs.19416 & 19417/15 Vs 1.S.Nalini ...Petitioner in WP.17250 & 18303/15 /R1 in WPs.19416 &19417/15 2.The Secretary The Regional Transport Authority Tiruppur District Tiruppur 3.The Regional Transport Authority Tiruppur District Tiruppur.

...Respondents 2 & 3 in

WPs.19416,19417/15 1.The Regional Transport Authority Tirupur Region-South Collectorate Tirupur-641 604 2.The Tamil Nadu Transport Corporation (Coimbatore) Ltd Mettupalayam Road Coimbatore-641 043.

3.K.P.Mohanasundaram (Impleaded as per order dated 18.12.2015 in M.P.No.1/15)

...Respondents in W.P.17250/15

1.The Regional Transport Authority Tirupur Region Collectorate Tirupur 641 604

2.The Commissioner of Police Tirupur 3.K.P.Mohanasundaram 4.T.Subramaniam 5.T.Chandrasekaran 6.P.Suguna 7.M.Subramaniam

...Respondents in WP.18303/15

Writ Petition No.19416/15 filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the 1st respondent from operating mini bus bearing Regn. No. TN 86 7077 from Murugampalayam to K.V.R. Nagar Via Koteeswaram Chellam Nagar Chellam Nagar Pirivu and KTC School and which is permitted to operate on the route Kalinathampalayam to Tiruppur old bus stand via Murugampalayam OK Dyeing and K.V.R. Nagar and further direct the 2nd and 3rd respondents to take appropriate action as against the 1st respondent for plying vehicle unauthorisedly and illegally in between Murugampalayam to K.V.R. Nagar via Murugampalayam Koteeswaram Chellam Nagar Chellam Nagar Pirivu and KTC School.

Writ Petition No.19417/15 filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the 1st respondent from operating mini bus bearing Regn. No. TN 59 N 0750 from K.V.R. to Murugampalayam via KTC School Chellam Nagar Pirivu Chellam Nagar and Koteeswaram which is permitted to operate on the route Tiruppur old bus stand Kalinathampalayam via Nayar Hospital K.V.R. Nagar OK dyeing Murugampalayam and further direct the 2nd and 3rd respondents to take appropriate action as against the 1st respondent for plying vehicle unauthorisedly and illegally in between K.V.R. Nagar and Murugampalayam via KTC School Chellam Nagar Pirivu Chellam Nagar. Koteeswaram and Murugampalayam. Writ Petition No.17250/15 filed under Article 226 of the Constitution of India seeking a writ of mandamus Forbearing the 1st and 2nd respondent their staff and men from interfering in any manner in the deviated operation of the vehicles TN 86 7077

and TN 59 N 0750 ons the route Tirupur Old Bus Stand to Kalinathampalayam via Municipal Office Karuvampalayam KVR Nagar Kadiravan School Chellam Nagar Pirivu Chellam Nagar Murugampalayam Vidyalayam Veerapandi Pirivu Kuppandampalyam TKT Mill Chenniamalaipalayam Allalapuram Pirivu Ganapathipalayam and Allalapuram of the petitioner. Writ Petition No.18303/15 filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st and 2nd respondents to directing the respondents 3 to 7 to run on the routes for which they hold permit for their respective mini buses.

Mr.M.Palani For the petitioner in W.P.Nos.19416 & 19417/15 & For 3rd Respondent in WP.18303/15 Mr.T.Padmanabhan For the petitioner in W.P.Nos.17250 & 18303/15 & For R1 in WP.19416/15 Mr.T.N.Rajagopalan, SGP for official respondents C O M M O N O R D E R While K.P.Mohanasundaram, petitioner in W.P.Nos.19416 and 19417 of 2015 seeks a writ of mandamus forbearing Nalini, petitioner in W.P.No.17250 and 18303 of 2015 from operating the mini buses in question in the respected deviated routes and to further direct the transport authorities to take action against the said Nalini for plying the vehicle unauthorisedly and illegally, Nalini, petitioner in W.P.No.17250 and 18303 of 2015 seeks a writ of mandamus to forbear the transport authorities from interfering in any manner in the deviated operation of the vehicles in question on the deviated routes and to direct the private respondents to run their vehicles on the routes for which they hold permits.

2. The parties in all the writ petitions are sailing on the same lines. After hearing the learned counsel on either side, this Court is of the view that the relief sought for by the parties concerned can very well be looked into by the authority concerned.

3. In view of the above, these writ petitions are disposed of leaving it open to the parties to the writ petitions to go before the authority concerned for ventilating their grievances within a period of one week from the date of receipt of a copy of this order and on such appearance, the matter shall be decided by the respondent department on the basis of the materials produced as well as following the provisions of the Act, within a period of six weeks thereafter, after hearing the parties concerned.

No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rg To 1.The Secretary The Regional Transport Authority Tiruppur District Tiruppur 2.The Regional Transport Authority Tiruppur District Tiruppur.

3.The Regional Transport Authority Tirupur Region-South Collectorate Tirupur-641 604 4.The Tamil Nadu Transport Corporation (Coimbatore) Ltd Mettupalayam Road Coimbatore-641 043.

+1cc to Mr.S.Sairaman, Advocate, S.R.No.69010 +1cc to Mr.M.Palani, Advocate, S.R.No.68316 +1cc to the Government Pleader, S.R.No.69234 W.P.Nos.19416, 19417, 17250 and 18303 of 2015 PPA(CO) CA(20/01/2016)