Ramaiah.M v. The Secretary To Govt,.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Ramaiah ... Petitioner Vs.
1. The Secretary to Government, Transport Department, Secretariat, St. George Fort, Chennai.
2. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
3. The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 19, Thiruvananthapuram Road, Vannarpettai, Tirunelveli.
4. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to take appropriate steps for ensuring to stop the buses plying on the Madurai-Tenkasi Road in Mangalapuram Bus stop situated between Kadayanallur and Idaikal by the respective Drivers and Conductors working under the respondents and consequently, direct the respondents to initiate departmental action against the Drivers and Conductors in the event of disobeying the Circular dated 10.07.2012 issued by the 2nd respondent and the Circular dated 14.02.2013 issued by the 3rd respondent.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 : Mr.R.Baskaran, Standing Counsel 1/3
For R3 : (*)Mr.R.Rajamohan, For R2 and R4 : No appearance
ORDER
[Order of the Court was made by T.S. SIVAGNANAM, J.] Heard Mr.D.Sanmugaraja Sethupathi, learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing Counsel for Government appearing for the 1st respondent and (*)Mr.R.Rajamohan, learned Standing Counsel for the 3rd respondent.
2. Though notice has been served on the respondents 2 and 4 and their names are printed in the cause list, none appears on behalf of them.
3. The petitioner, a senior citizen, aged about 81 years, has come to this Court with a request on behalf of the public of Mangalapuram, for issusing a direction to the respondents to take appropriate action for ensuring to stop the buses plying on MaduraiTenkasi Road in Mangalapuram Bus stop which is situated between Kadayanallur and Idaikal.
4. The learned Standing Counsel appearing for the 3rd respondent, on instructions, submitted that it is true that there is a bus stop, called as 'Mangalapuram Bus stop' and they have also received a complaint that certain buses of the third respondent Corporation, because of certain unscrupulous drivers and conductors, did not stop the buses in the bus stop. But, they will ensure that a direction will be issued to stop all the buses in the Mangalapuram Bus stop. Hence, he prayed for appropriate direction.
5. If there is no dispute about the Mangalapuram Bus stop, all State Transport Corporation Buses are bound to stop in the bus stop, unless and until, in rare cases, where there is nobody in the bus stop. Therefore, we direct the respondents 2 to 4 to direct all the drivers and conductors, operating the buses, plying in the said route to strictly follow the directions and all buses to stop in the Mangalapuram Bus stop and pick up and set down the passengers. This may be discreetly verified by the authorities of the State Transport Corporation and in case of any violation, stringent disciplinary action should be initiated. Likewise, the people of the Mangalapuram are at liberty to bring it to the notice of the respondents 2 to 4 about any violation of the order passed in this writ petition. Furthermore, the respondents 2 to 4 are directed to inform the concerned trade union of the employees of the Transport Corporation about this order and if there is any violation of the order, it will be viewed very strictly and they will be liable for being proceeded departmently.
2/3
6. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS I) (*)Amended As Per Order Dated 20.07/2021 Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy/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.
To (*)To be Substituted the order already Despatched on 17.06.2021
1. The Secretary to Government, Transport Department, Secretariat, St. George Fort, Chennai.
2. The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai.
3. The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 19, Thiruvananthapuram Road, Vannarpettai, Tirunelveli.
4. The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Kumbakonam.
+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-18984[F] dated 08/06/2021 ) 07.06.2021 RKN(28.07.2021) 3P 6C 3/3