Madras High CourtWP(MD)/4839/2015disposed of

S.Kannan v. The Regional Transport

2018-07-02Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.4839 of 2015 S.Kannan .. Petitioner Vs.

1.The Regional Transport Authority, Thanjavur, Thanjavur District.

2.The Regional Transport Officer, Kumbakonam, Thanjavur District.

.. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to consider and pass order on the petitioner's representation dated 09.02.2015 and reminder on 13.03.2015 to survey on the served sector in the petitioner's Mini Bus bearing Registration No. TN 32 N 0148 operating from Palakkarai, Kumbakonam Selvam Theatre, Mothilal Street, Anjaneyar Kovil and Kumbakonam Bus Stand.

For Petitioner : Mr.A.C.Asaithambi For Respondents : Mrs.J. Padmavathi Devi Special Government Pleader

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents to consider and pass order on the petitioner's representation dated 09.02.2015 and reminder on 13.03.2015 to survey on the served sector in the petitioner's Mini Bus bearing Registration No. TN 32 N 0148 operating from Palakkarai, Kumbakonam Selvam Theatre, Mothilal Street, Anjaneyar Kovil and Kumbakonam Bus Stand.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. The petitioner is a Mini Bus Operator operating between Kumbakonam Selvam Theatre to Manjambadi. According to the petitioner, the respondents have issued an instruction that if the distance in the served sector is below 4 kilometres, the Mini Bus can be permitted to move into the bus stand. In respect of the Vehicle bearing Registration No. TN 32 N 0148 the petitioner is operating in the route of Kumbakonam to Manjambadi, the served sector in below 4 kilometers even the mini bus enters the bus stand. Hence, he made a similar request through his representation dated 09.02.2015 and reminder dated 13.03.2015. The same has not been https://hcservices.ecourts.gov.in/hcservices/

considered by the respondents. Hence, the petitioner is before this Court seeking a direction directing the respondents to consider his representation and reminder on this aspect in the light of the instructions issued.

4. Considering the facts and circumstances of the case, without going into the merits of the case, a direction is issued to the respondents to consider the representation of the petitioner dated 09.02.2015 and reminder dated 13.03.2015 by following all the procedures to survey on the served sector in the presence of the petitioner and pass orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Regional Transport Authority, Thanjavur, Thanjavur District.

2.The Regional Transport Officer, Kumbakonam, Thanjavur District.

+1CC to Mr.A.C.Asaithambi Advocate in SR.No.70739. +1CC to Special Government Pleader in SR.No.70831. CM DS/VR/SAR-3 :04.07.2018: 2P/5C W.P(MD)No.4839 of 2015 02.07.2018 https://hcservices.ecourts.gov.in/hcservices/