V.Sounder v. The Regional Transport Authority Cum District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.16392 & 16393 of 2025 V.Sounder ... Petitioner Vs

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

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned exempted order issued by the first respondent vide his proceedings in Na.Ka.No.34012/A2/2024, dated 22.04.2025 Schedule-II to serial No.3, Route No.70, Kumbakonam to Cholapuram and quash the same as illegal and consequently, direct the respondents to issue selected grant proceedings, dated 1/6

03.04.2025 for the Route No.70, Kumbakonam to Cholapuram and for other reliefs.

For petitioner : Mr. A.C. Asaithambi For respondents : Mr.K.R.Badurus Zaman Government Advocate *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Government Advocate for the respondents.

2. The petitioner is aggrieved by the impugned communication, dated 22.04.2025 issued by the first respondent withdrawing new routes, which were announced earlier under the Tamil Nadu Government New Comprehensive Mini Bus Scheme, 2024.

3. It is submitted that pursuant to the applications called for, the petitioner had also filed an application on 27.03.2025 and had paid necessary charges. 2/6

4. It is submitted that despite the same, the respondents have unilaterally withdrawn the announcement made by virtue of the impugned communication stating administrative reasons.

5. It is submitted that the impugned communication withdrawing the said Scheme is arbitrary, insofar as the 14 routes, particularly, route No.70, between Kumbakonam and Solapuram, in which the petitioner had filed an application on 27.03.2025 is concerned.

6. Having considered the submissions made by the learned learned counsel for the petitioner and the learned Government Advocate for the respondents, I am of the view that there is no merits in the challenge to the impugned communication, as the impugned order has been issued in the interest of the administration. Relevant portion of the impugned communication reads as under: 3/6

7. The power to issue the notification also includes the power to withdraw the Notification as held by the Hon'ble Supreme Court in Kasinka Trading and another vs. Union of India reported in 1995 (1) SCC 274.

8. At best the petitioner can expect to refund of the fees paid by the petitioner at the time of application on 27.03.2025. 4/6

9. However, it is made clear that in case the routes are once again to be allowed to be operated under the aforesaid Scheme, the petitioner may make a fresh application, in which case the petitioner's application may be considered and disposed of on merits.

10. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 04.08.2025 Internet : Yes / No apd C.SARAVANAN, J.

apd To

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

2. The Regional Transport Officer, 5/6

Kumbakonam, Thanjavur District.

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