Nazeema Banu v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.7719 of 2025 Nazeema Banu ... Petitioner -vs1. The Secretary, Tamil Nadu Transport Department, Chennai.

2. The Secretary, Regional Transport Authority, Sivagangai District.

3. The Regional Transport Officer, Regional Transport Office, Sivagangai.

4. The District Collector cum Regional Transport Authority, Sivagangai District, Sivagangai.

... Respondents (R4 is impleaded vide order of this Court dated 21.03.2025 in WMP(MD)No. 6025 of 2025.) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to issue Minibus permit for the routes 1) Sakkottai Peiyakoil to Karaikudi old Bus Stand, 2) Kudikadu 1/6

Vilakku to AUCPE Arch and 3) Karunavalkudi to Karaikudi Old Bus Stand by considering the Application Receipt No. TN250129P8908957, TN250129P6906079, TN250221P2666134, TN250129P2911442, TN250129P4913954 and TN250129P1899858, dated 21.02.2025, on merits and in accordance with law.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to issue Minibus permit for the routes 1) Sakkottai Peiyakoil to Karaikudi old Bus Stand, 2) Kudikadu Vilakku to AUCPE Arch and 3) Karunavalkudi to Karaikudi Old Bus Stand by considering the Application Receipt No.

TN250129P8908957, TN250129P6906079, TN250221P2666134, TN250129P2911442, TN250129P4913954 and TN250129P1899858, dated 21.02.2025, on merits and in accordance with law.

2. The case of the petitioner is that he was a mini bus operator and owning the mini bus bearing Reg. No. TN-49-N-0337 operated between Karaikudi Koppudaya Mandapam to Arasuvayal with 15 stops inbetween and 2/6

running the same without any violation. However, he was unable to continue the said business. At this juncture, the Government has approved a new comprehensive scheme for operation of mini buses, wherein 32 rouets were notified for inviting grant of permit applications. Hence, the petitioner submitted his applications for the same and he has also made a representation dated 15.03.2025 in this regard. Since the same were not considered, the petitioner has filed the present Writ Petition.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. It is needless to point out that whenever a representation / application of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation / application by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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5. In the light of the above observations, there shall be a direction to the fourth respondent to consider the petitioner's applications dated 21.02.2025 and the representation dated 15.03.2025 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 21.03.2025 NCC : Yes/No (2/2) Index : Yes / No sm 4/6

TO:-

1. The Secretary, Tamil Nadu Transport Department, Chennai.

2. The Secretary, Regional Transport Authority, Sivagangai District.

3. The Regional Transport Officer, Regional Transport Office, Sivagangai.

4. The District Collector cum Regional Transport Authority, Sivagangai District, Sivagangai.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.7719 of 2025 (2/2) Dated:

21.03.2025 6/6