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Madras High CourtWP/26786/2017disposed of

P.Subramaniam v. The Regional Transport

2017-10-13Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.26786 of 2017 and WMP.No.28515 of 2017 P.Subramaniam ... Petitioner Vs.

1.The Regional Transport Authority Tirupur Region Collectorate, Tirupur.

2.The Secretary Regional Transport Authority Tirupur South Tirupur - 641 605.

3.The Secretary Regional Transport Authority Tirupur North Tirupur - 641 603.

4.The Inspector of Police Tirupur South Station Tirupur - 641 604.

5.Thiru.P.Thangamuthusamy Prop. T.S.R.Bus Service ..Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from allowing the continued operation of the bus TN 39 AY 3949 of the 5th respondent on the route No.34 in Tirupur town service viz., Tirupur Cotton & Weaving Mills to Koduvoi, while taking the bus in the last trip from Tirupur old Bus Stand at 8.30 p.m. towards Koduvoi arriving Koduvoi at 9.20 p.m. For Petitioner : MrK.Hariharan For Respondents: Mr.R.Govindasamy Special Government Pleader for R1 to R4

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 4. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself. Since this writ petition is disposed of without affecting the fourth respondent the interest of the fifth respondent, a private party, notice to the fifth respondent is dispensed with.

2. The petitioner seeks for a mandamus as follows:- "Forbearing the respondents 1 to 4 from allowing the continued operation of the bus TN 39 AY 3949 of the 5th respondent on the route No.34 in Tirupur town service viz., Tirupur Cotton & Weaving Mills to Koduvoi, while taking the bus in the last trip from Tirupur old Bus Stand at 8.30 p.m. towards Koduvoi arriving Koduvoi at 9.20 p.m."

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 4.

4. The learned counsel for the petitioner submitted that though a larger relief is sought for in this writ petition, it would suffice if a direction is issued to the first respondent to dispose of the petitioner's representation made on 05.09.2017 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the fifth respondent against whom the petitioner has some grievance.

6. Therefore, this writ petition is disposed of, only with a direction to the first respondent to consider the said representation of the petitioner dated 05.09.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the fifth respondent, if no order is passed so far in the said petition. It is made clear that this Court, is not expressing any view on the claim made by the petitioner on merits, as it is for the first respondent to consider and decide the same. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

mk To 1.The Regional Transport Authority Tirupur Region Collectorate, Tirupur.

2.The Secretary Regional Transport Authority Tirupur South, Tirupur - 641 605.

3.The Secretary Regional Transport Authority Tirupur North, Tirupur - 641 603.

4.The Inspector of Police Tirupur South Station Tirupur - 641 604.

+1 Cc to Govt. Pleader sr 74174.

+1 Cc to Mr.K. Hariharan, Advocate sr 73957.

W.P.No.26786 of 2017 NRJK(CO) SP(13/11/2017)