Madras High CourtWP(MD)/25096/2019disposed of

S.Jothimani v. The Regional Transport Authority

2019-12-05Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD) No.25096 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.25096 of 2019 S.Jothimani ..Petitioner Vs

1. The Regional Transport Authority Office of the Collectorate Trichy District

2. The Regional Transport Officer Office of the Regional Transport officer Trichy West Pirattiyur Trichy District ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to receive the prescribed fee and grant a Spare bus permit on my application in Memorandum No.36042/A2/2019, dated 03.09.2019 forthwith.

For Petitioner : M/s.A.C.Asaithambi For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

This Writ Petition is filed by the petitioner to direct the respondents to receive the prescribed fee and grant a Spare bus permit on the petitioner's application in Memorandum No.36042/A2/2019, dated 03.09.2019 forthwith.

2. Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents.

3. The case of the petitioner is that the petitioner is a mini bus operator, operating a mini bus bearing Reg.No.TN 49 N 0362, plying on the route Veeramalaipalayam to Muniappan Kovil. As per Rule 176 (7) of Tamil Nadu Motor Vehicles Rules, 1989, the bus operator having permit to operate in a particular route shall have a separate spare mini bus permit to maintain the continuity of service, in case of breakdown of the regular bus, the spare mini bus permit may be used for a special occasion. Hence, the petitioner made an application before the 2nd respondent on 03.09.2019 and the same was kept pending. He made another reminder application on 12.11.2019 with necessary fee for permit. But the concerned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.25096 of 2019 authority refused to receive the fee for grant of spare bus permit. Hence, the petitioner has come up with this present Writ petition.

4. Considering the nature of relief sought for in the Writ Petition and without expressing any opinion on the merits of the claim made by the petitioner, the respondents are directed to consider the representation of the petitioner dated 12.11.2019 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.

5. With the above direction, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Vrn To

1. The Regional Transport Authority Office of the Collectorate Trichy District

2. The Regional Transport Officer Office of the Regional Transport officer Trichy West Pirattiyur Trichy District +1 CC to M/s.SPL GP ( SR-103815[F] dated 06/12/2019 ) +1 CC to M/s.A.C.ASAITHAMBI, Advocate ( SR-104018[F] dated 09/12/2019 ) W.P.(MD) No.25096 of 2019 05.12.2019 KK/SAR/13.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2