S.Sivashenbegakumar, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.12596 of 2018 and W.M.P.(MD)Nos.11478 and 13863 of 2018 S.Sivashenbagakumar ... Petitioner -Vs1. State of Tamil Nadu, Represented by the District Collector cum Regional Transport Authority, Nagercoil, Transport Department, Kanyakumari District.

2. The Regional Transport Officer, Nagercoil, Kanyakumari District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the Mini Bus TN-74-E-7848 through Court road for the benefit of the travelling public, while operating the petitioner's bus No.TN-74-E-7848 on the notified route "Vadasery Bus Stand Junction to Therku Kannakulam".

For Petitioner : Mr.C.K.Chandrasekar For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the first respondent to permit his Mini Bus bearing Registration No.TN-74-E-7848 to go through the Court road for the benefit of the travelling public, while going through the notified route i.e., "Vadasery Bus Stand Junction to Therku Kannakulam".

2. The writ petitioner is a Mini Bus Operator with the route permit between Vadasery Bus Stop Junction and South Kannan Kulam. Originally, the route permit between Vadasery Bus Stop Junction and South Kannan Kulam via Anna Stadium Tower Junction, Anna Bus Stand, Government Hospital, Kottar, Edalakudy Bus Stop, Annai https://hcservices.ecourts.gov.in/hcservices/

Bridge, Kulathoor, Kulathoor Colony, Therkukannankulam was granted. He made a request to the respondents to permit him to operate his Mini Bus bearing Registration No.TN-74-E-7848 to go into Vadaseri Bus Stand via Court on a diverted route. Since the request has not been considered by the second respondent, the petitioner is before this Court.

3. According to the petitioner, the object of Mini Bus Scheme is only to help poor commuters and therefore, his request is therefore justified. If the permission is granted to go into Vadasery bus stand, the poor commuters will be benefitted.

4. In view the prayer sought for in this writ petition and considering the request of the petitioner permitting his Mini Bus to enter into Vadaseri Bus Stand, which is on the route permit and in view of the discussions made in the other connected writ petitions, a direction is given to the respondents to consider and pass order on the representation of the petitioner dated 25.04.2018 positively, within a period of four weeks from the date of receipt of a copy of this order.

5. In the result, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition in W.M.P.(MD) No.13863 of 2018 is dismissed and the connected Miscellaneous Petition in W.M.P.(MD)No.11478 of 2018 is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The District Collector cum Regional Transport Authority, Nagercoil, Transport Department, Kanyakumari District.

2. The Regional Transport Officer, Nagercoil, Kanyakumari District.

+1cc to Mr.C.K.Chandrasekar, Advocate Sr.No.73228 SM VB/KAK/SAR2/02.08.2018/2P/4C Order made in W.P.(MD)No.12596 of 2018 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/