Shahnaz Sulthana v. State Transport Authority Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.39985 of 2024 1.Shahnaz Sulthana

...Petitioner

-Vs1. State Transport Authority cum-, -Transport Commissioner, Guindy, Chennai- 600 032.

2. Regional Transport Officer, Hosur, Krishanagiri District.

3. S.Rajagopla Gowda,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1st respondent herein to take action on the petitioners representation dated 8.10.2024 to curb the illegal operation of 3rd respondents enclave buses KA-08-4553 and KA-08-6876 permitted to ply on the enclave route Tharuhunase to Hosakote, forthwith. For Petitioner :

Mr.K.Hariharan 1/5

For Respondents :

Mr.R.L.Karthika Government Advocate for R1 & R2 M/s.S.Bhargavi Gopalan for R3

O R D E R

This writ petition has been filed seeking to direct the 1st respondent herein to take action on the petitioners representation dated 8.10.2024 to curb the illegal operation of 3rd respondents enclave buses KA-08-4553 and KA-08-6876 permitted to ply on the enclave route Tharuhunase to Hosakote, forthwith.

2.The learned counsel appearing for the petitioner submits that the petitioner operates an interstate bus on the Malur-Hosur route. The 3rd respondent was permitted to operate two enclave buses on the TharuhunaseHoskote route within Karnataka, whereas he is illegally running his buses as interstate services on the petitioner's route, ahead of the petitioner's bus. This has caused the petitioner significant financial losses in the transport business. Despite multiple representations to the 1st respondent, including a written complaint on 08.10.2024, no action has been taken to curb the 3rd 2/5

respondent's unauthorized operations. Consequently, the petitioner has filed this writ petition.

3.Learned Government Advocate appearing for the respondents 1 and 2 would submit that the above said representation of the petitioner dated 08.10.2024 will be considered on merits and in accordance with law within the time frame that may be stipulated by this Court. 4.Heard both sides and perused the materials available on record.

5. The 1st respondent is directed to conduct a detailed enquiry after due notice is given to the petitioner as well as the 3rd respondent, opportunity of personal hearing and consider the documents filed by the both the parties on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 6.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.04.2025 vsn Index : Yes / No Speaking / Non-Speaking Order 3/5

To State Transport Authority cum-, -Transport Commissioner, Guindy, Chennai- 600 032.

2. Regional Transport Officer, Hosur, Krishanagiri District.

4/5

J.SATHYA NARAYANA PRASAD, J.

vsn and W.M.P.No.39985 of 2024 03.04.2025 5/5