Madras High CourtWP(MD)/940/2021disposed of

Vanniarajan.C v. The Regional Transport Authority

2021-02-19Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.940 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.940 of 2021 and W.M.P.(MD)No.802 of 2021 C.Vanniarajan ... Petitioner -Vs1. The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Madurai-625020.

2. The Regional Transport Officer, Madurai North RTO Office, Madurai.

3. Rajamanickam

4. N.Karthick ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the 3rd and 4th respondents' mini buses bearing Reg.No. TN55 Z 5277, TN57 N 0173 and TN55 E 1800 violating the permit condition on the route Rajaji Government Hospital (Goripalayam) and Karuppayurani as per Section 86 (b) of the Central Motor Vehicle Act, 1988.

For Petitioner : M.C.Asaithambi For R1 & R2 : Mr.C.Ramar Additional Government Pleader For R3 & R4 : Mr.S.Anand Chandrasekaran for M/s.Sarvabhauman Associates

ORDER

Heard the learned counsel on either side. The petitioner as well as the private respondents are mini bus operators. The petitioner is having permit to operate from Rajaji Government Hospital to Kathavanenthal. The private respondents are having permit to operate from Anna Bus stand to Annai Sathiya Nagar and Anna Bus Stand to Ganapathi Nagar.

2.The allegation of the petitioner is that the private respondents are extending their operation upto Goripalayam and thereby, asking his prospects.

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W.P.(MD)No.940 of 2021 3.I called upon the authorities to make a statement in this regard.

4.The learned Additional Government Pleader filed a status report stating that they were plying unauthorisedly in violation of the permit conditions and that action has been taken. The learned counsel appearing for the private respondents states that the respondents 3 and 4 are bound to adhere to the permitted route. The said statement is recorded. The official respondents are directed to ensure that the respondents 3 and 4 do not operate in violation of their permit conditions.

5.The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RMI Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Madurai-625020.

2. The Regional Transport Officer, Madurai North RTO Office, Madurai.

+1 CC to M/s.SARVABHAUMAN ASSOCIATES ( SR-6345[F] dated 22/02/2021 ) +1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-6432[F] dated 22/02/2021) Order made in W.P.(MD)No.940 of 2021 and W.M.P.(MD)No.802 of 2021 19/02/2021 KUN(CO) SRS (02/03/2021) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2