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Madras High CourtWP/11435/2025disposed of

R.T.S.Bus Service, v. Regional Transport Authority

2025-03-28Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD 1.R.T.S.Bus Service, Represented by its Partner C.Prem Raja, 8, Kailash Complex 1 st Floor, Vellalore Post, Coimbatore - 105.

Petitioner(s) Vs Regional Transport Authority Coimbatore South.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent herein to consider and pass orders on the petitioner's application for renewal of Mini bus permit for the period from 24.08.2020 to 23.08.2025 in respect of vehicle number TN-37/BZ-4444 permitted to ply on the route 'Singanallur NGR Sathukkam to Kallapalayam' dated 14.03.2025 by taking into consideration the letter of the Transport commissioner Chennai dated 05.06.2023 forthwith and pass such further orders. 1/6

For Petitioner:

Mr.K.Hariharan For Respondent:

Mr.N.Naveen Kumar, Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent herein to consider and pass orders on the petitioner's application for renewal of a Mini bus permit for the period from 24.08.2020 to 23.08.2025 in respect of vehicle number TN-37/BZ-4444 permitted to ply on the route 'Singanallur NGR Sathukkam to Kallapalayam' dated 14.03.2025 by taking into consideration the letter of the Transport Commissioner Chennai dated 05.06.2023 forthwith.

2. The petitioner is a partner in a bus service that holds a mini-bus permit for the route "Singanallur NGR Sathukkam to Kallapalayam" for vehicle number TN-37/BZ-4444. The permit was valid until 24.08.2020 but was not renewed on time due to financial losses during the COVID-19 Pandemic. On 05.06.2023, the Transport Commissioner issued a letter instructing RTOs to 2/6

allow belated permit renewal applications due to the pandemic, provided the pending tax was paid. The petitioner applied for permit renewal on 14.03.2025, but the respondent has not processed the application, leaving the vehicle idle and affecting public transportation.

3. The petitioner argues that under Section 81(3) of the Motor Vehicles Act, 1988, transport authorities have the power to condone delays and grant permit renewals in the public interest. Additionally, Rule 136 of the Tamil Nadu Motor Vehicles Rules, 1989, mandates public hearings for such applications every month. The Transport Commissioner has already directed RTOs to accept belated renewal applications, but the respondent's inaction has defeated the purpose of renewal. Hence, the present writ petition is filed.

4. Learned counsel for the petitioner drew the attention of this Court to the proceedings of the Regional Transport Authority, Coimbatore District, vide R.No.11765/A3/2025 dated 20.03.2025, wherein it is stated as follows: As per Sl.No.4(X) of the relevant G.O., if the number of applications for the route exceeds the number of permits notified, the 3/6

applicants to be selected through a draw of lots by the Regional Transport Authority, Coimbatore. Since 12 applications have been received for the grant of minibus permit for the above route, two applicants have to be selected through the draw of lot. Accordingly, the draw of lot conducted on 20.03.2025 and the following two applicants have been succeeded for the grant of permit. Sl.No.

Name and Address of the applicant Route with via places Route No 1.

Tmt.Anbukiruthika, 12/96, Opp to CTC Bus Depot, Kangeyam Road, Tiruppur - 641 604.

ARAVAN KOVIL TO KALLAPALAYAM (Railway Bridge - SSVM School - LG Nagar IOC bunk - Muniyappan Kovil - L & T Byepass Pattanam Pirivu - 'G' square city - L&T Byepass Vellalore Pirivu - Aanaimalai Amman Nagar - GECO group of Companies (Kallapalayam) Gazette No:3 dated 18.02.2025 Sl.No.2 2.

Tmt.K.Janaki, 30/26, Kallamman Koil Street, CTC Bus Stop, Tiruppur - 641 604.

5. Learned Government Advocate appearing for the respondent would submit that the application of the petitioner for renewal of permit dated 14.03.2025 would be considered by the respondent on merits, in accordance with law, within a time frame stipulated by this Court.

6. Heard both sides and perused the materials available on record. 4/6

7. Without going into the merits of the case, the respondent is directed to consider the petitioner's application for renewal of Mini bus permit for the period from 24.08.2020 to 23.08.2025 in respect of vehicle number TN-37/BZ-4444 permitted to ply on the route 'Singanallur NGR Sathukkam to Kallapalayam' dated 14.03.2025, after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing to the petitioner, to take into consideration the proceedings of the Regional Transport Authority, Coimbatore District, vide R.No.11765/A3/2025 dated 20.03.2025 on merits, in accordance with law, and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observations and direction. No costs.

28-03-2025 cda To Regional Transport Authority, Coimbatore South.

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J.SATHYA NARAYANA PRASAD J.

cda 28-03-2025 6/6