J.Arif Nisha v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE THIRU JUSTICE B.PUGALENDHI W.P.No.20385 of 2020 and W.M.P.No. 25163 of 2020 J.Arif Nisha ... Petitioner Vs.

The Secretary, Regional Transport Authority, Mayiladuthurai, Nagapattinam.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent herein to consider and dispose of the petitioner's representation dated 10.10.2020, so as to enable the petitioner to ply her mini bus permit covered by the Vehicle No.TN 60 E 2745 on the deviated route from Kollidam to Alakudi (Via) Maganampattu, Achaalpuram, Kamaraj Nagar, Nallur, Pilpadigudi and Nanalpadugai.

For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.Annai Ezhil Government Advocate

ORDER

This writ petition is filed to direct the respondent herein to consider and dispose of the petitioner's representation dated 10.10.2020, so as to enable the petitioner to ply her mini bus permit covered by the Vehicle No.TN 60 E 2745 on the deviated route from Kollidam to Alakudi (Via) Maganampattu, Achaalpuram, Kamaraj Nagar, Nallur, Pilpadigudi and Nanalpadugai.

2. The petitioner is a Mini Bus operator having a permit on the route Kollidam to Alakudi via Manganaampattu, Nathalpadugai, Agraharam, Atchalpuram, Kamaraj Nagar, Nallur, Pilpadugai and Manalpadugai, has approached this Court for considering her representation to use her mini stage carriage in alternative route on the ground that the existing route is fully damaged due to the present flood in Kollidam River Bank. She made a representation dated 10.10.2020, by referring the present https://hcservices.ecourts.gov.in/hcservices/

situation on the existing route but the same has not been considered. Hence, the petitioner is before this Court. 3.Mr.Annai Ezhil, learned Government Advocate appearing on behalf of the respondent, on instructions from the Regional Transport Office (RTO), Mayiladuthurai, would submit that the permitted route is in a damaged condition and therefore, she can ply her vehicle in alternative route and for the feasibility of plying the vehicle, he has sought for instructions from the concerned PWD officials and after obtaining report from PWD, the RTO can take a decision.

4.In view of the limited relief sought for in the present writ petition, this petition is allowed with a direction to the respondent to consider the representation and take a decision within a period of eight weeks from the date of receipt of a copy of this order. Till such time the respondent shall permit the petitioner to ply the vehicle in the alternative route, until the report received from PWD or till the restoration of the route. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pns To The Secretary, Regional Transport Authority, Mayiladuthurai, Nagapattinam.

+1cc to the Government Pleader in SR.NO..507 W.P.No.20385 of 2020 and W.M.P.No. 25163 of 2020 cp(CO) rv(08/02/2021) https://hcservices.ecourts.gov.in/hcservices/