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Madras High CourtWP/24181/2015disposed of

S.M.Govindaswamy v. The Regional Transport

2016-01-07Honourable Mr Justice R. Mahadevan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

The Hon'ble Mr.Justice R.Mahadevan Writ Petition Nos.24181, 24304, 28960 to 28962, and 33992 of 2015 S.M.GOVINDASWAMY ... Petitioner in all WPs Vs.

1. THE REGIONAL TRANSPORT AUTHORITY, CUM DISTRICT COLLECTOR, DISTRICT COLLECTORATE, ERODE - 638 011.

2. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, ERODE WEST, PERIYACHEMUR POST, ERODE - 638 004.

3. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KOLLUKATTUMEDU, KARUR ROAD, LAKKAPURAM (POST) ERODE - 638 002.

..Respondents 1 to 3 in WP.24181, 24304, 28960/2015

4. TVL.SRI MURUGAN BUS SERVICE 171, TIRUCHENGODE ROAD, PALLIPALAYAM, TIRUCHENGODE TALUK, NAMAKKAL DISTRICT.

5. R.PAPPATHI

6. D.SHANKAR

7. T.VENKATESAN

8. S.PANDURANGAM

9. C.POONGODI

10. A.S.JAYAKUMAR ... Respondents 3-10 in W.P.No.24181 of 2015 M/S.SAKTHIMURUGAN TRANSPORT, 5/489, S.P.M. COMPLEX , KALINGARAYAN PALAYAM , PUDUR, BHAVANI.

MR.R.DURAISAMY S/O.RAMASAMY PROPRIETOR . ARUN BUS SERVICE THENNANATHOPPU THOTTAM, PERUMALMALAI, R.N.

PUDUR. ERODE.

MR.N.DHANASEKARAN S/O.P.NATESAN PROPRIETOR R.K.M.ROADWAYS 6/1034 KALINGARAYANPALAYAM BHAVANI (POST) ERODE TALUK AND DISTRICT.

MRS.M.ARUKKANI W/O.P.MUTHUSAMY PROPRIETOR R.K.M.ROAD LINES 6/1113 KALINGARAYANPALAYAM BHAVANI (POST) ERODE TALUK AND DISTRICT MR.M.SHANMUGAM S/O.P.MUTHUSAMY PROPRIETOR R.K.M.ROAD LINES 6/1113 KALINGARAYANPALAYAM BHAVANI (POST) ERODE TALUK AND DISTRICT MR.N. PERIYASAMY S/O.NALLAPA GOUNDER 45 KOVAI MAIN ROAD PERUNDURAI TK. ERODE DISTRICT.

MR.K.M. THAMBIRAJAN S/O.MARAPPA GOUNDER PROPRIETOR T.T.S. BUS TRAVELS OLD NO.4A NEW NO.28 T.T.S.HOUSE KUMALANKUTTAI ERODE.

MR.T.S.KUMAR S/O.S.P. THANGAMUTHU PROPRIETOR TSP BUS SERVICE 47 NEHRU STREET ERODE.

..Respondents 4 to 11 in WP.28960/15 1 THE REGIONAL TRANSPORT AUTHORITY CUM DISTRICT COLLECTOR DISTRICT COLLECTORATE ERODE - 638 011.

2 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE ERODE WEST KOLLUKATTUMEDU KARUR ROAD LAKKAPURAM (POST) ERODE - 638 002.

..Respondents 1 & 2 in WP.28961 & 28962/15 3 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE THIRUNCHEGODE-637 209.

4 MR.G.P.SIVAKUMAR S/O.V.G.PALANISAMY PROPRIETOR KANDHAN PALANI TRANSPORTS NO.2 SALEM MAIN ROAD KOMARAPALAYAM THIRUNCHEGODE TALUK NAMMAKAL DISTRICT.

5 MRS.B.MAYILAMBIGAI W/O.S.BOOPATHI NO.9/450 KASPAPETTAI M.S.

MANGALAM ERODE DISTRICT.

6 MR.V.G.PALANISAMY S/O.V.A.KURUVAPPAN PORPRIETOR KANDHAN PALANI TRANSPORTS NO.2 /189 VELANGATTU VALASU KOMARAPALAYAM THIRUNCHEGODE TALUK NAMMAKAL DISTRICT.

7 MR.V.G. RAJASEKAR S/O.CHOKKAIYAN MAMTHOTTAM METTUR MAIN ROAD NERUNJIPETTAI (POST) BHAVANI TK.

ERODE DISTRICT.

..Respondents 3-7 in WP.28961/15 MR.A.S.THANGAVELU SRI BALAJI TRANSPORTS 35 KANNAKI VEETHI ERODE.

..3rd Respondent in WP.28962/15 1 THE REGIONAL TRANSPORT AUTHORITY CUM DISTRICT COLLECTOR DISTRICT COLLECTORATE ERODE-638 011.

2 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE ERODE WEST SATHY ROAD PERIACHEMUR (POST) ERODE- 638 004.

3 M.JAYARAMAN S/O.R.MARIMUTHU NO.291 MARIAMMAN KOIL STREET E.P.B.NAGAR ERODE.

4 J.VASUKI W/O.M.JAYARAMAN 91 MARIAMMAN KOIL STREET E.P.B.NAGAR VEERAPPANCHATIRAM ERODE.

... RESPONDENTS in WP No.33992 of 2015

Prayer in W.P.No.24181 of 2015:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and second respondents to take appropriate action against the respondents 4 to 10 for their unauthorized deviated plying of town buses bearing Registration Nos.TN 34 B 3279, TN 34 Q 5577, TN 33 BH 2505, TN 39 BL 5115, in route No.1 and TN 45 AP 2646 (K.A.S.) TN 33 AS 7999 (Sri Veeramathi) TN 38 V 0721 (S.R.P.K.) in route No.3 from their permitted routes, within the time, that may be stipulated by this Court, based on the petitioner's representation dated 17.04.2015.

WP No.24304 of 2015 Directing the Respondents to take appropriate action to ply the aforesaid mini buses in their permitted routes, within a stipulated time as fixed by this Honourable Court WP No.28960 of 2015 Directing the 1st Respondent to take appropriate action against the Respondents No.4 to 11 for their unauthorized deviated plying of town buses bearing Registration Nos.TN.33AD 6999 in Route No.3B and TN 33 Q 6388, TN 33 AB 2988, TN 33 AS 2988, TN 33 BB 2988 in route no.5 and TN 56 F 3777, TN 33 AF 3844 in route no.9 and TN 33 Al 3272 in Route No.12 from their permitted routes, within a stipulated time as fixed by this Honourable Court, based on the Petitioners representation dated 17.04.2015 WP No.28961 of 2015 Directing the 1st Respondent to take appropriate action against the Respondents No.

4 to 7 for their unauthorized plying of town bus bearing Registration Nos.TN.34H 2514, TN 33BB 2255, TN 34 H 5798 and TN 52 Z 7510 in the Kumarapalayam Town Service route No.K1 in a deviated route from the permitted route, within a stipulated time as fixed by this Honourable Court, based on the petitioners representation dated 17.04.2015 WP No.28962 of 2015 Directing the 1st and 2nd Respondent to take appropriate action against the 3rd Respondents for his unauthorized plying of town bus bearing Registration No. TN 33 AQ 2088 in route no.33 in a deviated route from the permitted route, within a stipulated time as fixed by this Honourable Court, based on the Petitioners representation dated 26.06.

WP No.33992 of 2015 Directing the 1st Respondent to take appropriate action against the Respondent No.3 and 4 for their unauthorized plying of mini buses bearing Registration Nos. TN 33 AT 9097, TN 33 AT 0081, TN 33 AT 9979 and TN 33 AF 9590 in a self deviated route from their permitted routes and for collection of excess fare, within a stipulated time as fixed by this Honourable Court based on the petitioner representation dated 06.06.2015 For Petitioners in all W.Ps.

: Mr.A.Suresh Sakthi Murugan For Respondents 1 to 3 in W.P.Nos.Nos.24181 & 24304 of 2015 : Mr.M.L.Mahendran Government Advocate For Respondents 4 to 10 in W.P.Nos.Nos.24181 & 24304 of 2015 : Mr.M.Palani For Respondents 1 to 3 in W.P.Nos.28960 of 2015 : Mr.R.M.Muthukumar Government Advocate For Respondents 4 to 11 in W.P.Nos.28960 of 2015 : Mr.M.Palani For Respondents 1 to 3 in W.P.Nos.28961 of 2015 : Mr.R.M.Muthukumar Government Advocate For Respondents 4 to 7 in W.P.Nos.28961 of 2015 : Mr.M.Palani For Respondents 1 & 2 in W.P.Nos.28962 of 2015 : Mr.R.M.Muthukumar Government Advocate For Respondent 3 in W.P.Nos.28962 of 2015 : Mr.M.Palani For Respondents 1 and 2 in W.P.No.33992 of 2015 : Mr.R.M.Muthukumar Government Advocate For Respondents 3 and 4 in W.P.No.33992 of 2015 : Mrs.S.Radha Gopalan COMMON O R D E R As the issue involved in these Writ Petitions are identical in nature, all these Writ Petitions are taken up together and disposed of vide this common order.

2. It is seen that the petitioner has sent representations/complaints dated 17.04.2015 and 06.06.2015, to the respondents/Regional Transport Officers, pointing out certain allegations of unauthorized plying of Mini Buses in Erode area.

3. Today, when these Writ Petitions are taken up for hearing, the learned counsel appearing for the petitioner has fairly conceded that, on the basis of the representations made by the petitioner, the respondent-Regional Transport Officer proceeded to take necessary action, and to that effect, the learned counsel also produced the copy of the proceedings, dated 27.10.2015, bearing Na.Ka.No.12166/A2/2015, issued by the Regional Transport Officer, Erode (West) for reference of this Court, and submitted that, since the prayers sought for in these Writ Petitions have met with, nothing survives in these Writ Petitions that requires any adjudication.

4.

Recording the above said submission, these Writ Petitions are closed. No costs.

sd/- Assistant Registrar(CO) /TRUE COPY/ Sub-Assistant Registrar sd To

1. The Regional Transport Authority, Cum District Collector, District Collectorate, Erode - 638 011.

2. The Regional Transport Officer, Regional Transport Office, Erode West, Periyachemur Post, Erode - 638 004.

3. The Regional Transport Officer, Regional Transport Office, Kollukattumedu, Karur Road, Lakkapuram (Post) Erode - 638 002.

4. The Regional Transport Officer, Regional Transport Office, Thiruchngode - 637 209.

+2 CC to MR.A.Palani Advocate. SR.NO. 1077 +1 CC to MR.A.Suresh Sakthi Murugan Advocate. SR.NO. 1144 +1 CC to Govt.Pleader. SR.NO. 1376 Writ Petition Nos.24181, 24304, 28960 to 28962 and 33992 of 2015 CO-KJI JD 28/01/2016