D.Desingrajan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Desingrajan ... Petitioner Vs.

The Secretary, State Transport Authority, Puducherry ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondent herein to forthwith issue the copy of the four permits along with the proceedings granting the said permits issued to the Puducherry Road Transport Corporation to ply on the route 'Puducherry to Soriyankuppam' and the timings fixed for all the four vehicles running in the said route and the route maps as prayed for in the petitioner's representation dated 22.07.2024.

For Petitioner : M/s.Bhargavi Gopalan For Respondent : Mr.V.Vasantha Kumar, Additional Government Pleader(Pondy) 1/6

ORDER

This writ petition has been filed for direction to the respondent to issue copy of the four permits along with the proceedings granting the said permits issued to the Pondicherry Road Transport Corporation to ply on the route Puducherry to Soriyankuppam. 2.

It is seen that the petitioner already filed application under Right to Information Act before the Public Information Officer and sought for information about what category of permit, temporary permit or pacca, enclave or interstate permit, is it covered in interstate agreement and timing of all the four buses operated by the Pondicherry Road Transport Corporation from Puducherry to Soriyankuppam. On receipt of the same, the Public Information Officer answered as follows: Annexure-I As per RTI Act 2005, the public information officer is required to supply the material in the form as held by the public authority but not to deduce anything from the material and then supply it to the applicant. 2/6

S No.

Question Reply 1.

The Secretary, District Cuddalore Bus Owners Association and Sector operator in Cuddalore Puducherry route covered by interstate agreement. I came to know from newspapers that 4 PRTC buses PY 01 BV 5186, PY 01 BV 5187, PY 01 BV 5825 and PY 01 VV 5826 are being operated from Puducherry to Sorinkuppam from 27.05.2024. Request the Regional Transport Officer to furnish the following information regarding the above buses:

Permits issued by the State Transport Authority, Puducherry for operation of vehicles as Stage Carriage buses under Inter, Intra, Urban routes. The particulars sought by the applicant are as follows:

I.Whate category of permit, temporary permit or pucca Intra State Permit II. Enclave or interstate permit Enclave III.Is it covered in interstate permit agreement Not covered in the Interstate Agreement V.Timing of all the 4 buses The copies of timings (four numbers ) as sought by the applicant are enclosed herewith.

3.

However, aggrieved by the same, the petitioner already filed appeal before the first appellate authority. The first appellate authority passed order on 08.08.2024 thereby recorded that the Public Information Officer has furnished his reply on 24.06.2024 within the prescribed time limit. Therefore, the first appellate authority does not find any infirmity in the reply of the Public Information Officer cum Regional Transport Officer. However, the Assistant Secretary is directed to update the vehicle 3/6

details in the tentative timing order issued by the Secretary already. The petitioner without filing an appeal, if aggrieved by the order passed by the appellate authority, once again filed this writ petition for direction seeking the copy of the four permits along with proceedings granting permits issued to the Puducherry Road Transport Corporation to ply on the route Puducherry to Soriyankuppam. Therefore, this Court finds no merits in this writ petition.

4.

Accordingly, this writ petition is dismissed. However, the respondent is directed to comply with the order passed by the first appellate authority dated 08.08.2024 in FA.No.12/RTI/FAA/2023-24 forthwith. There shall be no order as to costs. 26.09.2024 Index: Yes/No Speaking/Non-speaking order lok 4/6

To The Secretary, State Transport Authority, Puducherry 5/6

G.K.ILANTHIRAIYAN, J.

lok 26.09.2024 6/6