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Madras High CourtWP/37843/2003dismissed

Tamilnadu State Transport Corp v. The Regional Transport Author-

2017-06-29Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.37843 of 2003 and W.M.P.No 45953 of 2003 Tamil Nadu State Transport Corporation (Madurai DN-III) Ltd., Nagercoil, K.K. District.

Rep. by its Managing Director ... Petitioner Vs.

1. The Regional Transport Authority Kanyakumari District at Nagarcoil.

2. G. Mudiappan

...Respondents

Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified Mandamus, to quash the permit issued by the 1st respondent to the 2nd respondent on 13.02.2001 in R.S.No.33569/03/2000 and directing the 1st respondent to issue a permit to the Mini bus bearing No.TN74/Y/3485 belonging to the 2nd respondent on the route mentioned in his application dated 10.10.2000 via. Kallukottaim, Pillavilai, Laxmipuram, Udayarvilai V.K.P. School, Anna statute and Colachel junction.

For Petitioner : Mrs. Kala Ramesh For Respondents: Mr.A.Zakkir Hussain (for R1), Government Advocate.

Mr.K.Balaji (for R2)

O R D E R

The present writ petition has been filed challenging the grant of permission to ply Mini bus in a particular route. The 2nd respondent was granted permission to ply Mini bus from Monday Market to Kulachel.

2. The writ petitioner is challenging the route granted in favour of the second respondent as contrary to the scheme itself. But admittedly, the permission granted in favour of the https://hcservices.ecourts.gov.in/hcservices/

second respondent is valid only for 5 years from the date of issue of the permission, i.e. from 13.02.2001. Hence, granted permit itself having been lapsed in the year 2005, no further adjudication is required in this Writ Petition. If the writ petitioner-Transport Corporation is still aggrieved, it is left open to them to challenge any further permit if granted in favour of the second respondent. With these observations, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mm / pvs To The Regional Transport Authority Kanyakumari District, Nagarcoil.

+1cc to Mrs.Kalaramesh, Advocate Sr.45188 W.P.No.37843 of 2003 srg 07/07/2017 https://hcservices.ecourts.gov.in/hcservices/