V.Kuppusamy v. The Regional Transport Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No. 13062 of 2023 V.Kuppusamy S/o.Verrappa Chettiar
...Petitioner
Vs
1. The Regional Transport Authority, Namakkal.
2. The Secretary, The Regional Transport Authority.
Namakkal.
3. The State Transport Appellate Tribunal, Chennai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the second respondent to implement the order of the third respondent made in Appeal No.852 of 1985 dated 16.11.1987.
For Petitioner : Mr.M.Palani For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader ***** 1/4
O R D E R
This writ petition has been filed for issuance of a writ of mandamus directing the second respondent to implement the order of the third respondent made in Appeal No.852 of 1985, dated 16.11.1987, within the time frame fixed by this Court.
2. Heard Mr.M.Palani, learned counsel for petitioner and Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for respondents.
3. The case of the petitioner is that he is a Stage Carriage Operator operating in the route Erode-Salem to Namakkal (via) Sendamangalam, Belukurichi, Rasipuram and Mallur. Originally, the father of the petitioner was holding the permit and later, it was transferred in the name of the petitioner in the year 1987. The further case of the petitioner is that his father made an application for variation of route and the same came to be rejected by the first respondent through proceedings dated 14.12.1984. Aggrieved by the same, the father of the petitioner filed an appeal before the Appellate Tribunal at Chennai in Appeal No.852 of 1985 and it was during 2/4
the pendency of this appeal, the father of the petitioner died and permit was transferred in favour of the petitioner and he was prosecuting the appeal before the Tribunal by substituting himself in the place of his father.
4. The grievance of the petitioner is that the Appellate Tribunal by an order dated 16.11.1987 granted variation in the route and directed the second respondent to implement the same by convening a timing conference. Pursuant to the same, the second respondent also issued notice for convening timing conference in order to implement the order. However, the timing conference was adjourned and it never saw the light of the day. Aggrieved by the same, the present writ petition has been filed before this Court seeking for appropriate directions.
5. Learned Special Government Pleader appearing on behalf of the respondents produced the written instruction from the second respondent. On going through the same, it is seen that the second respondent is going to take steps by receiving the connected files from the first respondent and the timing conference will be convened and the order of the Tribunal will be implemented within a period of three weeks. This written instruction given by the second respondent is taken note of.
3/4
N.ANAND VENKATESH, J gm In view of the above, this writ petition is disposed of with a direction to the second respondent to implement the order of the third respondent made in Appeal No.852 of 1985, dated 16.11.1987, in line with the written instruction given to the learned Special Government Pleader. No costs. 01.06.2023 Index : Yes/No Speaking order:Yes/No gm To
1. The Regional Transport Authority, Namakkal.
2. The Secretary, The Regional Transport Authority.
Namakkal.
3. The State Transport Appellate Tribunal, Chennai.
Writ Petition No. 13062 of 2023 4/4