Madras High CourtWP/24899/2015disposed of

J.Lalithamani v. The Regional Transport

2015-08-12Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.24899 of 2015 J.Lalithamani [ Petitioner ] Vs 1 The Regional Transport Authority Tirupur Region Palladam Salai Tirupur-641 604.

2 R. Rathinasamy [Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the first respondent to take action against the 2nd respondent for the unauthorized plying and to ensure that the 2nd respondent operates his two vehicles bearing Registration No.TN-23/N-0414 and TN-33/TN-0375 plying on the route Tirupur Old Bus Stand to Boyampalayam Pirivu on the route as granted by the first respondent and as per the permit conditions therein.

For Petitioner : Ms.S.Radha Gopalan For Respondents : Mr.M.L.Mahendran, GA (R1) Mr.T.Padmanabhan (R2)

O R D E R

Heard the learned counsel appearing for the petitioner, Mr.M.L.Mahendran, learned Government Advocate, who took notice for the 1st respondent and Mr.T.Padmanabhan, learned counsel for the 2nd respondent and with their consent, the main writ petition itself is taken up for disposal at the admission stage itself. 2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the 1st respondent to take action against the 2nd respondent for the unauthorized plying and to ensure that the 2nd respondent operates his two vehicles https://hcservices.ecourts.gov.in/hcservices/

bearing Registration No.TN-23/N-0414 and TN-33/TN-0375 plying on the route Tirupur Old Bus Stand to Boyampalayam Pirivu on the route as granted by the 1st respondent and as per the permit conditions therein.

3. The specific allegation of the petitioner against the 2nd respondent is that unauthorized operation against the permit conditions. To that effect, the petitioner has sent a representation on 13.05.2015, followed by 2 reminders on 21.05.2015 and 29.05.2015. Those representations have not been considered by the authority so far. Hence, the petitioner is before this Court.

4. Without going into the merits of the case, this writ petition is disposed of by directing the 1st respondent to consider the representations of the petitioner and after affording due opportunity of personal hearing to both parties, pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Regional Transport Authority Tirupur Region Palladam Salai Tirupur-641 604.

+1cc to Government pleader sr.42365 +2cc to M/s.S.Radhagopalan, Advocate sr.42831 W.P.No.24899 of 2015 scp[co] srg 24.08.2015 https://hcservices.ecourts.gov.in/hcservices/