Bharatiya Puducherry Road v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Bharatiya Puducherry Road Transport Corporation Workshop Labour Union, No.4/608A, 7th Cross, Kalaivannar Nagar, Danvantri Nagar Post, Pudhucherry - 605 006.
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Petitioner versus 1.The Secretary to Government, Transport Department, Pudhucherry.
2.State Transport Authority, Transport Department, Pudhucherry.
3.The Management, Pudhucherry Road Transport Corporation, Pudhucherry.
4.The Commissioner, Transport Department, Pudhucherry.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the entire records pursuant to the Notification published in Dinamalar Daily News Paper dated 1/6
19.11.2014 by the 2nd respondent in Notification No.777/POO.Department/POO.AA/2014, quash the same. For Petitioner :
M/s.G.B.Saravanabhavan For Respondent Nos.1, 2 & 4 :
Mr.V.Vasanthakumar Additional Government Pleader (Puducherry) For Respondent No.3 :
Mr.R.Sreedhar Standing Counsel for PRTC
O R D E R
This Writ Petition has been filed by the petitioner to quash the Notification published by the 2nd respondent in Dinamalar Daily News Paper, dated 19.11.2014.
2.
The case of the petitioner is that the 3rd respondent / Management is operating the rural urban buses on the routes and it stopped for the reasons best known to the respondents. The petitioner came to know that the operated routes have been called for in the public e-auction for allotment to the private stage carrier operators and this indirectly enabling the private operators to occupy the routes. The routes are scheme routes operated in the interest of public and the Government cannot take away those routes without getting no objection from the 3rd respondent. It is 2/6
further submitted that without taking effective steps to operate the routes, they are now trying to gain illegally by calling for e-tender. 3.
According to the petitioner, the Central Government has allotted 27 ordinary buses and 6 air conditioned buses under the JNNURM scheme and the Corporation has proposed to purchase 50 more buses. It is further submitted that the 3rd respondent had parked some buses ideally in the Corporation premises, which causes heavy loss to the public sector and hence, the petitioner continuously made representations to the respondents to take actions for operating buses by the 3rd respondent in the proposed routes. Since no order has been passed by the respondents, the petitioner has come up with this Writ Petition.
4.
Mr.V.Vasanthakumar, learned Additional Government Pleader (Puducherry) appearing for the respondents 1, 2 and 4 submitted that the Notification has been published by the 2nd respondent, in Dinamalar Daily News Paper, dated 19.11.2014, wherein the temporary decision was taken to give a route permit for a period of 3 months for the following routes:- i.
Thirukkanur to Puducherry via Pathukannu Permit No.1 & 2 ii.
Madukarai to Puducherry via Sivaranthagam & Permit No.3 & 4 3/6
Ariyur iii.
Madagadipet to Villianur via Thirubhuvanai Permit No.5 & 6 iv.
Karayambuthur to Puducherry via Pandachozhanallur and Embalam Permit No.7 & 8 v.
Karayambuthur to Puducherry via Bahour, Karikalambakkam & Villianur Permit No.9 & 10 5.
In the said Notification, an e-auction was called for to submit the applications on or before 26.11.2014. This was challenged by way of filing this Writ Petition. The period of giving temporary route permit for 3 months had already lapsed.
6.
In view of the above, nothing survives for further adjudication in this petition. Hence, this Writ Petition is dismissed as infructuous. No costs.
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1.The Secretary to Government, Transport Department, Pudhucherry.
2.State Transport Authority, Transport Department, Pudhucherry.
3.The Management, Pudhucherry Road Transport Corporation, Pudhucherry.
4.The Commissioner, Transport Department, Pudhucherry.
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V.BHAVANI SUBBAROYAN , J.
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