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Madras High CourtWP(MD)/14112/2026disposed of

Wiselin Jeyakumar v. The District Collector,

2026-05-13Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13/05/2026

CORAM

The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN and WMP(MD) Nos.10522 and 10523 of 2026 Wiselin Jeyakumar ... Petitioner Vs

1. The District Collector,, Kanyakumari District, Nagercoil..

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

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the second respondent under Na.Ka.No. 21803/A2/2024 dated 05.03.2026, as published in the District Government Gazette issue No.6 dated 09.03.2026 issued by the first respondent and to quash the same in so far as it relates to Serial.No.7 are concerned, as illegal, arbitrary, perverse and contrary to law, and in total contravention of the Sections 71 and 72 of the Motor Vehicles Act, 1988 and Rule 208 of the Tamilnadu Motor 1/5

Vehicles Rules, 1989, and consequentially direct the second respondent to pass suitable orders on the representation of the petitioner dated 11.04.2026 within a time frame fixed by this Court. For Petitioner : Mr.G.Aravinthan For Respondents : Mr.T.Amjad Khan for R1 and R2 Government Advocate

ORDER

This writ petition has been filed challenging the impugned proceedings of the second respondent in Na.Ka.No. 21803/A2/2024 dated 05.03.2026, as published in the District Government Gazette issue No.6 dated 09.03.2026 issued by the first respondent insofar as it relates to Serial.No.7 is concerned as it is issued in total contravention of the Sections 71 and 72 of the Motor Vehicles Act, 1988 and Rule 208 of the Tamilnadu Motor Vehicles Rules, 1989 and to direct the second respondent to pass suitable orders on the representation of the petitioner dated 11.04.2026 within a time frame fixed by this Court.

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2/5

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

4. The petitioner is doing transport business and operating 11 mini buses. Several persons applied for the grant of permit for stage carriage mini bus with the 2nd respondent in the route, namely, Vadasery Christopher Bus stand to Vellamodi Uykottu Sudalaimadasamy koil via Krishnakoil - Vetoornimadam - Parvathipuram - Peruvilai - Asaripallam - Second Gate - Mela Asaripallam - Pambanvilai - Santhapuram - Peyodu Channel - Saral Channel Church - Manavilai Channel Bridge - Sethuvoor Channel. Several applications were made for return route permit stating that there is unserved area of 16.4 km and only served area of 7.5 km. However, without following the procedure under the Act and Rules made thereunder, the 2nd respondent has passed the proceedings dated 05.03.2026 and 12.03.2026 and published in the special edition of the District Gazette on 09.03.2026 and 13.03.2026. Therefore, the petitioner submitted her objections. However, since the same was not considered so far, the petitioner has challenged the very notification itself in the present writ petition. 3/5

5. The learned Government Advocate, on instructions, submitted that the petitioner's objection will be duly considered, while considering the applications.

6. In view of the above, the first respondent is directed to consider the objections of the petitioner while dealing with the applications received from several persons for the route allotted to S.No.7 in the notification and pass orders on merits and in accordance with law.

7. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed. 13.05.2026 NCC : Yes/No Index : Yes/No RR TO

1. The District Collector,, Kanyakumari District, Nagercoil..

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

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G.K.ILANTHIRAIYAN, J RR

ORDER

IN WP(MD) No.14112 of 2026 Date : 13.05.2026 5/5