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Madras High CourtWP/29076/2025disposed of

Kumaran Transport v. The Regional Transport Authority

2025-08-12Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA and WMP.No.32622 of 2025 Kumaran Transport 16/20D, Palamara Thottam, Karumathampatti, Coimbatore - 641 659.

rep.by its Partner M.Surendhar ... Petitioner Vs

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

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

3. M.Shanthi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 1st & 2nd respondents to take action and consider the petitioner's representation 1/6

dated 25.06.2025.

For Petitioner : Mr.H.Rajasekar For Respondents : Mrs.P.Vijayadevi Govt. Advocate for R1 & R2 Mr.T.Padmanabhan for R3

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the 1st & 2nd respondents, to take action and consider the petitioner's representation dated 25.06.2025.

2. With the consent of both side counsels the main writ petition is taken up for disposal.

3. The petitioner is the holder of minibus permit issued by the 1st respondent and is operating on the route Mangalam to Periyayipalayam. Likewise, the 3rd respondent is the holder of minibus permit issued by the 1st respondent, to operate on the route Thekkalur Samathuvapuram to Avanashi Taluk office. According to the petitioner a portion of the 2/6

respective routes is common for both. While so, the 3rd respondent, instead of operating on the permitted route continued to operate on an unauthorised route thereby violating the conditions of the permit warranting action under Section 86 of the Motor Vehicles Act, 1988. Since the unauthorised operation by the 3rd respondent affected the petitioner's interests, the petitioner submitted representations on 25.06.2025 and 18.07.2025 to the respondents 1 and 2. Since no action was taken by the respondents, the petitioner filed the above writ petition for the aforesaid relief.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the writ petition, I am of the view that it would suffice if a direction is issued to the first respondent to consider the petitioner's representation dated 25.06.2025. Accordingly, this Court directs the first respondent, to consider the petitioner's representation 3/6

dated 25.06.2025, afford an opportunity of personal hearing both to the petitioner and as well as to the third respondent and thereafter pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 12.08.2025 dpq Index: Yes/No Speaking order / Non speaking order 4/6

To

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

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

5/6

N. MALA, J.

dpq and WMP.No.32622 of 2025 12.08.2025 6/6