Sri Kumaravel Bus Transport v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2018

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.21955 of 2018 and W.M.P.No.25741 of 2018 Sri Kumaravel Bus Transport, rep. by its Proprietor Mr.D.Sankar, 2/90, Mettukadu, Koneripatty, Rasipuram - 637 408 Namakkal District ... Petitioner Vs 1.The Regional Transport Authority, Salem (West) 2.The Regional Transport Officer, Namakkal North, RTO Office, Namakkal 3.The Manager, Tamil Nadu State Transport Corporation Limited, Salem ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to fix the timings in respect of the vehicle operated by the third respondent on the route "Thammampatti to Palani "via., Rasipuram as required under Rule 248 of the Tamil Nadu Motor Vehicle Rules by convening timing conference after hearing the petitioner and all other sector operators. For Petitioner : Mr.S.Radha Gopalan For Respondents : Mrs. Ramya Revathy, G.A., for R1 and R2 : Mr.S.Rajeni Ramadoss For R3.

O R D E R

This writ petition has been filed seeking a direction to the respondents to fix the timings in respect of the vehicle operated by the third respondent.

2. The grievance of the petitioner is that he is a Stage Carriage Operator in the Thammampatti to Salem, via., Rasipuram route. The departure timing of the petitioner's vehicle at Thammapatti towards Rasipuram is 8.00 a.m. Earlier, the third respondent Corporation has granted permit to operate its bus at 7.35 a.m. Now, started departing at 7.55 am., just before the departure timing of the petitioner's bus. Hence, the petitioner made several complaints before the second respondent. Since no action has been taken, he has filed the present writ petition.

3. I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on records carefully.

4. The learned counsel appearing for the respondents 1 and 2 submitted that now subsequent to the filing of this petition, the third respondent is not departing the vehicle at 7.35 a.m.

5. The learned counsel appearing for the third respondent, on instructions, submitted that now the third respondent Corporation is shifting the time schedule and now the departure timing of the bus is 7.35 a.m.

6. In view of the above submissions, no further adjudication is required in this writ petition. However, it is made clear that in the event of the third respondent violating the time schedule, it is always open to the petitioner to approach the second respondent by filing complaint and on filing of such complaint, the second respondent is directed to consider the same and pass suitable action on violation of timings.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mrp To

1. The Regional Transport Authority, Salem (West)

2. The Regional Transport Officer, Namakkal North, RTO Office, Namakkal

3. The Manager, Tamil Nadu State Transport Corporation Limited, Salem +1cc to Mr.S.Radha Gopalan, Advocate, S.R.No.77663 +1cc to Ms.S.Rajeni Ramadass, Advocate, S.R.No.77648 +2ccs to the Government Pleader, S.R.Nos.77448 and 78053 W.P.No.21955 of 2018 and W.M.P.No.25741 of 2018 rrs 30/01/2019