P.Rajkumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD P.Rajkumar S/o.M.Ponnusamy, Door No.4/63, Ulagapalayam, Maniyanoor Post, Paramathyvelur Taluk, Namakkal District 637201.
Petitioner(s) Vs 1.The Managing Director, Tamilnadu State Transport Corporation, Salem.
2.The Managing Director, Tamilnadu State Transport Corporation, Kumbakonam.
3.Regional Transport Authority, Karur District, Karur.
4.Regional Transport Officer, Karur.
5.Regional Transport Authority, Salem District, Salem.
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6.Regional Transport Officer, Salem (West), Salem.
7.Regional Transport Officer, Tiruchengode, 8.Regional Transport Authority, Namakkal District, Namakkal.
9.Regional Transport Officer, Namakkal (South).
10.The Transport Commissioner, Guindy, Chennai 600 032.
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 respondents 3 to 7, who are the competent authorities to enquire into the matter and to take necessary action against the respondents no.1 and 2 on the strength of complaints/representations given by the petitioner and his driver in accordance with law and pass such further orders. For Petitioner:
Mr.R.Rajesh Vivekananthan For Respondents:
Mr.N.Naveen Kumar, Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing respondents 3 to 7, who are the competent authorities to enquire into the matter and to take necessary action against respondents 1 and 2 on the 2/6
strength of complaints/representations given by the petitioner and his driver in accordance with law.
2. The petitioner is a private stage carriage bus operator plying the route from Erode to Karur via Tiruchengode and Velur, under a valid permit originally issued to his grandfather and subsequently succeeded by him. The petitioner has been operating this service for 48 years and is a protected operator under the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992. The grievance arises from the unauthorised and illegal operation of TNSTC buses by the first and second respondents, Managing Directors of TNSTC Salem and Kumbakkonam, respectively, who have allegedly introduced multiple buses on unauthorised routes and at unauthorised timings to disturb the petitioner's lawful operations.
3. Learned counsel appearing for the petitioner submits that the first and second respondents are operating TNSTC buses on unauthorized routes and timings without the necessary permits, solely to harass him due to his refusal to meet their bribe demands. He submits that multiple buses have been operated in 3/6
violation of the Motor Vehicles Act and approved time sheets, adversely affecting his business. Despite lodging several complaints to various authorities, including the RTO, District Collector, Vigilance, and even the police, no effective action has been taken. Hence, the writ petition is filed.
4. Learned Government Advocate appearing for the respondents submits that the complaint of the petitioner's driver dated 02.08.2024 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, respondents 3 to 7 are directed to consider the complaint given by the petitioner's driver dated 02.08.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner, and pass appropriate orders on merits, in accordance with law, within a period of 4/6
eight (8) 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.
15-04-2025 cda To 1.The Managing Director, Tamilnadu State Transport Corporation, Salem.
2.The Managing Director, Tamilnadu State Transport Corporation, Kumbakonam.
3.Regional Transport Authority, Karur District, Karur.
4.Regional Transport Officer, Karur.
5.Regional Transport Authority, Salem District, Salem.
6.Regional Transport Officer, Salem (West), Salem.
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J.SATHYA NARAYANA PRASAD J.
cda 7.Regional Transport Officer, Tiruchengode, 8.Regional Transport Authority, Namakkal District, Namakkal.
9.Regional Transport Officer, Namakkal (South).
10.The Transport Commissioner, Guindy, Chennai 600 032.
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