Mr.Shenbagaram Shanmugam v. The Regional Transport
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2018
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.19045 of 2018 and W.M.P.(MD).No.16882 of 2018 Shenbagaram Shanmugam .. Petitioner Vs.
1.The Regional Transport Authority, Thoothukudi.
2.The Regional Transport Officer, Regional Transport Office, Kovilpatti, Thoothukudi.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to allow the petitioner's Mini Stage Carriage bearing Registration No.TN-28-S-3083 from Inam Maniyachi via Vinayagar Nagar to reach K.R.Arts College forthwith based on the petitioner's representation dated 13.08.2018. For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.R.Murugan, Additional Government Pleader
ORDER
This writ petition has been filed by the petitioner for a Mandamus, to direct the the respondents to allow the petitioner's Mini Stage Carriage bearing Registration No.TN-28-S-3083 from Inam Maniyachi via Vinayagar Nagar to reach K.R.Arts College forthwith, based on his representation dated 13.08.2018. 2.The case of the petitioner is that he has Mini Stage Carriage permit from the year 2006 on the route of Kovilpatti Bus-stand to Mudukkumeendanpatty (via) Lakshmi Mill, Inam Maniyachivilakku, Krishna Nagar, Sankar Nagar, Bethel, KR Arts College, National Engineering College, KR Nagar, Sundaralinga Nagar and Pattarai, to a
Mini Bus bearing Registration No.TN-28-S-3083. There is a four-way road on the aforesaid permitted route and to cross the four-way, the petitioner has to use the service roads. But, the Police authorities restricted the petitioner to use the said roads by putting up barricades. The petitioner has submitted a petition before the respondents stating the practical difficulties to operate the vehicle in the said route and seeking permission to operate the bus in modified route. But, the same was rejected by the first respondent. Aggrieved by that order, he has filed an appeal before the State Transport Appellate Tribunal, Chennai in Appeal No.32 of 2018. As the appeal is pending without any progress, the petitioner has sent another representation dated 13.08.2018 to the respondents herein. As the same has not been considered by the respondents, the petitioner has filed this writ petition.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who took notice for the respondents.
4.Admittedly, the grievance of the petitioner has been considered by the first respondent and it was rejected, against which the petitioner has also filed an appeal before the Tribunal and the same is still pending. If at all the petitioner is aggrieved, he has to pursue only the appeal. It is represented that earlier there was no Presiding Officer available for dealing the appeal and now, very recently, a Presiding Officer is posted.
5. In view of the above, the State Transport Appellate Tribunal, Chennai is directed to disposed of the Appeal No.32 of 2018 pending on his file, on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order.
6. This Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Regional Transport Authority, Thoothukudi.
2.The Regional Transport Officer, Regional Transport Office, Kovilpatti, Thoothukudi.
3.The Presiding Officer, State Transport Appellate Tribunal, Chennai.
+1CC to Mr.T.Padmanabhan, Advocate, SR.No.81815 +1CC to the Special Government Pleader SR.No.81918 W.P(MD)No.19045 of 2018 03.09.2018 GCG ES/SV/SAR 2/25.09.2018/3P/6C