Madras High CourtWP(MD)/19680/2017closed

P.S.A.Rajaguru, President v. The Commissioner / Special

2023-12-21Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.19680 & 19681 of 2017 and WMP(MD) Nos.15943, 15944,15945, 15946 of 2017 P.S.A.Rajaguru ... Petitioner in WP(MD) No.19680/2017 G.Marichamy ... Petitioner in WP(MD) No.19681/2017 Vs 1.The Commissioner/Special Officer, Kovilpatti Municipality, Kovilpatti.

2.The Regional Transport Officer, Kovilpatti.

3.The Deputy Superintendent of Police, Kovilpatti.

...Respondents in both

WPs.

PRAYER in WP(MD) No.19680 of 2017: 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 of the first respondent in Na.Ka.No.3057/2017/E1, dated 03.10.2017 and to quash the same and further direct the respondents to allow the 1/6

petitioner to run their minibuses as per their permit conditions and as per the proceedings of the Regional Transport Authority, Thoothukudi in R.No.27285/C1/2012, dated 12.06.2012. PRAYER in WP(MD) No.19681 of 2017: 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 of the first respondent in Na.Ka.No.3057/2017/E1, dated 03.10.2017 and to quash the same and further direct the respondents to allow the petitioner to run his minibuses bearing Registration Nos. TN 69/V-7967, TN-69/T-3337, TN-69/T-3373 and TN-57/N-0211 as per their permit conditions and as per the proceedings of the Regional Transport Authority, Thoothukudi in R.No.27285/C1/2012, dated 12.06.2012.

For Petitioner : No appearance For R2 & R3 : Mr.P.T.Thiraviam Government Advocate (In both WPs) C O M M O N O R D E R The petitioner in WP(MD) No.19680 of 2017 is the President of Kovilpatti District Mini Bus Owners Welfare Association and the petitioner in WP(MD) No.19681 of 2017 is one of the mini bus operators in Kovilpatti. They have filed these petitions as against the proceedings of the Commissioner, Kovilpatti 2/6

Municipality addressed to the Inspector of Police, Kovilpatti informing that the minibuses have to be operated from the eastern side entrance of Kovilpatti Anna Bus Stand w.e.f 11.10.2017 due to renovation of a bridge in that locality. The case of the petitioners is that there are totally 38 mini buses in Kovilpatti and for 29 mini buses, Kovilpatti bus stand is one of the terminals and they were initially granted permission to enter into the bus stand. Due to complaint of heavy traffic in the year 2012, the Superintendent of Police, Tuticorin has imposed certain restrictions that the mini buses are restricted from entering into the Kovilpatti Bus stand.

The grievance of the petitioner is that without providing any opportunity to the minibus operators and without consulting the minibus operators, this decision has been taken by the officials. According to the petitioner, the first respondent/the Commissioner Kovilpatti Municipality is not the authority to take such a decision and it is the Regional Transport Authority to decide the issue. According to the petitioners, denial of permission to run the mini buses in the permitted route is violation of permit conditions.

2.Today(21.12.2023), when these writ petitions are taken up for hearing, there is no representation for the petitioners. 3.The learned Government Advocate appearing for the respondent by referring a written instruction, which he has received from the Regional Transport Officer, Kovilpatti submits that the mini buses are now permitted to run from Kovilpatti Anna Bus stand. A copy of the proceedings in Na.Ka.No.24006/E1/2023, dated 15.12.2023 is also produced.

4.Recording the submission made by the learned Government Advocate, these writ petitions are closed. No costs. Consequently, connected Miscellaneous petitions are closed. 21.12.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The Commissioner/Special Officer, Kovilpatti Municipality, Kovilpatti.

2.The Regional Transport Officer, Kovilpatti.

3.The Deputy Superintendent of Police, Kovilpatti.

5/6

B.PUGALENDHI, J.

vrn Order made in W.P(MD)Nos.19680 & 19681 of 2017 and WMP(MD) Nos.15943, 15944,15945, 15946 of 2017 21.12.2023 6/6