N.Rangarajan v. The Regional Transport Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022

CORAM

THE HON'BLE MR. JUSTICE M.SUNDAR N.Rangarajan

...Petitioner

-Vs1.The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Thanjavur, Thanjavur District.

2.The Deputy Transport Commissioner, O/o. the Regional Transport Office Upstairs, Thanjavur.

3.The Regional Transport Officer, Opp. To Collectorate Building, Thanjavur, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 and 3 to allow the petitioner's Mini Bus bearing Registration No.TN 49-M-8949 to enter into the Thirukkattuppalli Bus Stand as per Transport Commissioner's Circular in R.NO.90919/E2/2000 dated 29.11.2000 and permit his Mini Bus to operate upto Kazhumangalam via Ammaiyakaram from the Kandamangalam Middle School extending a distance of 5.5. Kilometers in the unserved sector in Thanjavur District.

1/5

For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.M.Ramesh, Government Advocate.

O R D E R

Notwithstanding an expansive and elaborate prayer in the hearing Mr.A.C.Asaithambi, learned counsel for writ petitioner restricts his prayer i.e., abridges his prayer and says it will suffice if there is a simple directive to the first respondent to dispose of writ petitioner's representation dated 04.10.2021.

2. It is the case of writ petitioner that writ petitioner is a Bus Operator in Thanjavur District, operating Mini Bus in the name of Poondi Matha Mini Bus vide Mini Bus bearing Registration No.TN 49-M-8949 plying between Poondi Madha Thirumana Mandapam and Kandamangalam Middle School. A perusal of the representation brings to light that writ petitioner seeks variation of the conditions of permit and right of writ petitioner to make such a request is traceable to Section 72(2)(xxii) of 'the Motor Vehicles Act, 1988' (hereinafter 'MV Act' for the sake of convenience and clarity).

3. Mr.M.Ramesh, learned Government Advocate accepts notice on behalf of all the three respondents.

4. In the light of the abridged prayer, captioned writ petition is disposed of with a simple directive to the first respondent to dispose of writ petitioner's representation dated 04.10.2021 which reads as follows:

2/5

3/5

The aforementioned writ petitioner's representation shall be disposed of by the first respondent on its own merits, in accordance with law as expeditiously as his business would permit and in any event within three weeks from today i.e., on or before 24.01.2022. The proceedings / orders disposing of writ petitioner's representation shall be served on the writ petitioner under due acknowledgement within five working days from the date of disposal. There shall be no order as to costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vsm 4/5

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Thanjavur, Thanjavur District.

2.The Deputy Transport Commissioner, O/o. the Regional Transport Office Upstairs, Thanjavur.

3.The Regional Transport Officer, Opp. To Collectorate Building, Thanjavur, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-179[F] dated 04/01/2022 ) 03.01.2022 MMS(CO) GC(11.01.2022) 5P 5C 5/5