J.Aroumougam, v. The State Transport Appellate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.3674 of 2010 and MP.No.1 of 2010 J.Aroumougam ... Petitioner Vs.

1. The State Transport Appellate Tribunal, Pondicherry.

2. The Union of India, Rep.by Union Territory of Puducherry, Rep.by the State Transport authority, Puducherry.

3. M.C.Thangavelan ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the first respondent in M.V.R.P.No.2/2007 and quash the order dated 03.12.2009 made thereon.

For Petitioner : Mrs.Radha Gopalan For R1 & R2 : Mr.B.Nambiselvam, Addl. Govt. Pleader (Puducherry)

O R D E R

Challenging the order dated 03.12.2009 passed by the first respondent in M.V.R.P.No.2/2007, the petitioner has come up with the present writ petition. By the order impugned herein, the first respondent allowed the Revision Petition filed by third respondent herein; set aside the order dated 15.02.2007 passed by the second respondent, with regard to the revised timings for the stage carriage bearing Regn.No.PY-01-Q-5355 with Permit No.26/PY/92 operating by the petitioner herein; and remanded back the matter to the second respondent for passing a fresh order in accordance with the provisions of the Motor Vehicles Act and Rules.

2.When the matter was taken up for consideration, the learned counsel for the petitioner and the learned counsel for the third respondent jointly submitted that subsequent to the filing of this writ petition, the parties have compromised the matter among themselves and hence, nothing survives for adjudication in this writ petition. They have also filed a memo of compromise dated 01.08.2018 entered into between the petitioner and the third respondent to that effect. 3.The terms of the aforesaid memo of compromise read as follows:

The timings for the petitioner's vehicle, which arrives Veerampattinam at 08.35am and departs at 08.38am shall stand modified as arrival Veerampattinam at 08.35am and shall depart at 8.37am instead of 08.38am, since the third respondent's bus departs Veerampattinam at 08.45am, the time gap will be 8 minutes instead of 7 minutes.

Again, the petitioner's vehicle which arrives Pondicherry at 2.12pm and departs at 2.24pm shall stand modified as arrival Pondicherry at 1.56pm and depart at 2.21pm instead of 2.24pm by which the time gap will be reduced by 3 minutes."

4.In view of the above, this writ petition stands disposed of in terms of the aforesaid memo of compromise dated 01.08.2018. The memo of compromise dated 01.08.2018 entered into between the petitioner and the third respondent signed by the parties along with their respective counsel shall form part of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

(Memo of compromise xerox copy enclosed) Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rk

To

1. The State Transport Appellate Tribunal, Puducherry.

2. The State Transport authority, Puducherry.

+ 2 ccs to Mrs. S. Radha Gopalan, Advocate Sr.53137 + 1 cc to Mr. Government Pleader Sr.53733 W.P.No.3674 of 2010 SAI(CO) EU(03/09/2018)