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Madras High CourtWP(MD)/4848/2021disposed of

Sugumar.S v. The Regional Transport Authority

2021-06-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU (Through Video Conference) S.Sugumar ... Petitioner Vs.

1.The Regional Transport Authority, Collectorate, Thoothukudi District, Thoothukudi.

2.The Regional Transport Officer, O/o.Regional Transport Officer, Kovilpatti, Thoothukudi.

3.L.K.Alagar Ramanujam 4.T.Rajadurai 5.R.Radha 6.Shenbagamoorthi ... Respondents (R3 to R6 are impleaded vide Court order dated 31.03.2021 in W.M.P(MD)No.5320 of 2021 in W.P(MD)No.4848 of 2021 by GRSJ) PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to prohibit the Mini buses vehicle Nos.TN 69 AQ 0821, TN 69 AU 3678, TN 67 BZ 2635, TN 01 G 0461 & TN 69 AV 0007 that who were operated at Kovilpatti Bus Stand forthwith based on the petitioner's representation/complaint dated 08.02.2021. For Petitioner : Mr.T.Padmanabhan For R-1 & R-2 : Mr.S.Shanmugavel, Special Government Pleader

O R D E R

This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents to prohibit the operation of the Mini buses bearing Registration Nos.TN 69 AQ 0821, TN 69 AU 3678, TN 67 BZ 2635, TN 01 G 0461 & TN 69 AV 0007 which were operated at Kovilpatti Bus Stand forthwith, based on the petitioner's representation/complaint dated 08.02.2021.

2. According to the petitioner, he is a Mini Bus Operator operating a Mini Bus bearing Registration No.TN 69 R 6966 from

Kovilpatti Bus Stand to Vijajapuri and due to increase in population, there is traffic congestions in and around Kovilpatti area. While the matter stood thus, some of the Mini Buses are operated in front of the above Kovilpatti Bus Stand, which route is in violation of permit conditions. The above said mini buses are alighting passengers in front of Kovilpatti Bus Stand causing unwanted restrictions and nuisance. According to the petitioner, the owners of the above said Mini Buses, they themselves extended their routes instead of plying on the route as per permit granted to them. Hence, the petitioner has submitted a representation/complaint to the respondents 1 and 2 on 08.02.2021. The said representation is said to be still pending. Hence, this writ petition. 3.The learned counsel for the petitioner would state that it would suffice if a direction is given to dispose of the representation of the petitioner.

4. The learned Special Government Pleader for the respondents 1 and 2 would state that the representation of the petitioner would be considered within a reasonable time.

5. Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the case projected by the petitioner either in his representation or in this Writ Petition, the respondents are directed to consider the representation/complain of the petitioner dated 08.02.2021, on merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Such exercise shall be done after giving due opportunity to the petitioner as well as all the persons concerned. 6.With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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.

To:

1.The Regional Transport Authority, Collectorate, Thoothukudi District, Thoothukudi.

2.The Regional Transport Officer, O/o.Regional Transport Officer, Kovilpatti, Thoothukudi.

+1 CC to M/s.SPL GP ( SR-20293[F] dated 25/06/2021 ) 24.06.2021 KK(05.07.2021) 3P 4C