T.Sterlin Packiadhas v. The Regional Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.16537 of 2016 and W.M.P(MD)No.12063 of 2016 Y.Sterlin Packiadhas ... Petitioner vs.

1)The Regional Transport Authority, Nagercoil, Kanyakumari District.

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

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the Respondents to permit the Petitioner's Mini Bus bearing Registration No: TN 74K 3223 inside the Anna Bus Stand as per the Transport Commissioner's circular letter in R.No.90919/E2/2000 dated 29.11.2000 while ply on the route Vadasery Bus Stop to Sun Polytechnic forthwith. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.D.Muruganandam Additional Government Pleader

ORDER

The present writ petition has been filed for issuance of a Writ of Mandamus, directing the Respondents to permit the Petitioner's Mini Bus bearing Registration No.TN 74K 3223 inside the Anna Bus Stand as per the Transport Commissioner's Circular Letter in R.No.90919/E2/2000 dated 29.11.2000 while ply on the route Vadasery Bus Stop to Sun Polytechnic forthwith.

2.Learned counsel for the petitioner would state that the petitioner is operating his Mini Bus bearing Registration No.TN 74K 3223 in the route between Vadasery Bus Stop to Sun Polytechnic with a valid permit issued by the respondents. The petitioner was allotted 10 minutes time for picking up and set down the passengers at Vadasery Bus Stop. While so, the District Authority has declared the Vadasery Bus Stop as no parking area, which is the terminus point and therefore, the petitioner did not use the terminus point. According to the learned counsel, the Transport Commissioner has already issued a Circular Letter in R.No.90919/E2/2000, dated 29.11.2000, permitting the petitioner to operate his mini bus nearest to Anna Bus Stand. 3.Learned counsel for the petitioner would further state that the petitioner has made a representation dated 06.08.2016 to the District Collector and respondents herein, requesting them permit him to enter his mini bus at Anna Bus Stand for picking up and set down https://hcservices.ecourts.gov.in/hcservices/

the passengers, since Vadasery Bus Stop has been declared as no parking area.

4.Learned Additional Government Pleader appearing for the respondents would submit that the petitioner is already entering into (*)Vadaseri Bus Stand and picking up and set down the passengers. He further submitted that as per the above circular dated 29.11.2000, the petitioner's mini bus is entitled to enter into (*)Vadaseri Bus Stand for picking up and set down the passengers. 5.At this juncture, learned counsel for the petitioner would submit that the petitioner will be satisfied, if the present writ petition is disposed of recording the above submission of the learned Additional Government Pleader.

6.Recording the submissions made by the learned counsel on either side, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. SD ASSISTANT REGISTRAR ( P AND A ) TRUE COPY SD ASSISTANT REGISTRAR (T AND P ) (*)Amended as per order of this Hon'ble Court dated 01.10.2018 TRUE COPY SUB ASSISTANT REGISTRAR ( CS I ) bala To (*)To be substituted the order already despatched on 11.09.2018 1)The Regional Transport Authority, Nagercoil, Kanyakumari District.

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

1CC TO MR. H. VELAVADHAS, ADVOCATE SR: 78630 1CC TO THE SPL GOVT PLEADER SR: 78750 DS SKN SAR 3 30 8 2018 2P 5C DS SV SAR-1 27 10 2018 2P 5C W.P(MD)No.16537 of 2016 14.08.2018 https://hcservices.ecourts.gov.in/hcservices/