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Madras High CourtWP/29319/2022disposed of

M/S.Jothi Bus Transports v. The Regional Transport Authority

2023-01-23Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.Nos.28619 & 28623 of 2022 W.P.No.29319 of 2022 M/s. Jothi Bus Transports, Rep.by its Partner S.Nandhakumar, No.512, Kamaraj Road, Tirupur - 641 604.

... Petitioner Vs.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 2 herein to consider the representation dated 08.12.2020 in the light of the orders of this Court dated 28.02.2011 in W.P.No.21350 of 2008, permit the petitioner to operate their two 1/6

buses TN 42 R 1870 and TN 42 Q 3649 starting to and from Tirupur old bus stand, operate on the permitted route Tirupur to Karur. For Petitioner : Mr. T. Padmanabhan For Respondents : Mrs. R. Anitha, for RR1 & 2 Special Government Pleader.

Mrs. P. Shanthi, for R3 W.P.No.29325 of 2022 M/s. Tirupur Karur Transports, Rep.by its Partner P.Swathanthirarajan, No.3/9, Thennampalayam Extension, DRG Road, Tirupur - 641 604.

... Petitioner Vs.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 2 herein to consider the representation dated 08.12.2020 in the light of the orders of this Court dated 28.02.2011 in W.P.No.21350 of 2008, permit the petitioner to operate their two 2/6

buses TN 42 R 2497 and TN 42 R 7943 starting to and from Tirupur old bus stand, operate on the permitted route Tirupur to Karur. For Petitioner : Mr. T. Padmanabhan For Respondents : Mrs. R. Anitha, for RR1 & 2 Special Government Pleader.

Mrs. P. Shanthi, for R3 C O M M O N O R D E R These Writ Petitions have been filed for the issue of writ of mandamus directing the respondents 1 & 2 herein to consider the representation dated 08.12.2020 in the light of the orders of this Court dated 28.02.2011 in W.P.No.21350 of 2008, to permit the petitioners to operate their buses TN 42 R 2497, TN 42 R 7943, TN 42 R 1870 and TN 42 Q 3649 respectively, starting to and from Tirupur old bus stand, operate on the permitted route Tirupur to Karur. 2.

It is the case of the petitioners that they are stage carriage operator. The petitioners are operating their buses on the route Tirupur to Karur starting to and from the old bus stand right from its inception in 1976 with permits and approved schedule of timings. During the year 2008, the authorities mooted a proposal to shift some buses from the old bus stand to another bus stand located on P.N.Road. According to the petitioners such a decision to shift some buses, including the petitioners, has been taken unilaterally. The petitioners therefore submitted a 3/6

representations dated 08.12.2020 but it was not considered. Hence, this writ petition has been filed to direct the respondents 1 and 2 to consider the representation of the petitioners.

3.

Considering the limited prayer, without going to the merits of the case, the respondents 1 and 2 are directed to consider the representation of the petitioners dated 08.12.2020 and dispose of the same on its own merits within a period of two months from the date of receipt of a copy of this Order. 4.

With the above direction, these Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 23.01.2023 Index :Yes/No Speaking Order / Non-Speaking Order AT 4/6

To 5/6

N.SATHISH KUMAR, J.

AT W.P.No.29319 and 29325 of 2022 and W.M.P.Nos.28619 & 28623 of 2022 23.01.2023 6/6