P.Chenthil Aras v. The Regional Transport Authority Cum District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Chenthil Aras ... Petitioner vs.
1.The Regional Transport Authority cum District Collector, Trichy District, Trichy.
2.The Regional Transport Officer (West), Office of Regional Transport Officer (West), Pirattiyur, Trichy District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant of proceedings for the migration of the Mini Buses bearing Registration Nos.TN-48- - 9667 and TN 48-A-2782 on the route Eachampatti Pirivu Road Junction (Samayapuram) to Gandhi Market, based on the petitioner's application, dated 21.03.2025.
For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.D.Gandhi Raj Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandaumus, to direct the respondents to grant of proceedings for the migration of 1/5
the Mini Buses bearing Registration Nos.TN-48- - 9667 and TN 48-A-2782 on the route Eachampatti Pirivu Road Junction (Samayapuram) to Gandhi Market, based on the petitioner's application, dated 21.03.2025. 2.The contention of the petitioner is that the respondents have earlier issued G.O.Ms.No.33, Home (Transport-I), dated 23.01.2025 and issued a gazette publication, dated 24-01-2025, thereby formulated the migration scheme under clause 12. However, the said G.O., was challenged in the Court and the same was set aside. Subsequently, the respondents have issued G.O.Ms.No.198, Home Transport - I Department, dated 28.04.2025, wherein it is stated under the heading Notification- II as under:
"The Home Department Notification No.11(1)/HO/4(a-1)/2025 published at pages 1-7 of part II Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 24th January, 2025 is hereby withdrawn. However notwithstanding the said withdrawal, all actions taken as per the said Notification, including notifying new routes, calling for the application for notified new routes and issuing of the proceedings by the Regional Transport Authorities, would, continue to be valid proceedings, as if taken under this Notification." 3.Therefore, now the petitioner is seeking to consider his earlier application submitted on 21-03-2025 in the light of the above paragraph. In fact, the petitioner is relying on the similar order passed by the Tanjavur RTO Office dated 06-05-2025, wherein it is stated as under: 2/5
4.Therefore, this Court without expressing any opinion is directing the respondents to consider and pass orders as per G.O.Ms.No.198, Home Transport - I Department, dated 28.04.2025 and also by the similar orders passed by the Tanjavur RTO. The said order shall be passed on or before 15-06-2025, so that if the petitioner is not getting positive order, he will be having an appeal remedy.
5.With the above observations, this Writ Petition is allowed. No costs.
22.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note : Issue order copy on 23.05.2025.
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To 1.The Regional Transport Authority cum District Collector, Trichy District, Trichy.
2.The Regional Transport Officer (West), Office of Regional Transport Officer (West), Pirattiyur, Trichy District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 22.05.2025 5/5