← Library
Madras High CourtWP(MD)/25235/2025dismissed

P.Chenthil Aras v. The District Collector Cum Regional Transport Authority

2025-09-24Honourable Mr Justice G.R.Swaminathan6 pages

1 W.P.(MD)NO.25235 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25235 of 2025 and W.M.P.(MD)No.19778 of 2025 P.Chenthil Aras ... Petitioner Vs.

1. The District Collector cum Regional Transport Authority, Tiruchirappalli.

2. The Regional Transport Officer, O/o.Regional Transport Officer, Srirangam, Trichy District.

3. K.Murugan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide proceedings in Se.Mu.Order.No.5762/E1/2025 dated Nil and consequential impugned order passed by the first respondent vide his proceedings in proceeding Order No.35159/A2/2025 dated Nil 07.2025 and quash the same as illegal and consequently directing the first respondent to grant Mini bus permit to the petitioner is concerned on the route Mokombu to Gandhi Market as per Clause-XI of G.O.Ms.No.198 dated 28.04.2025 1/6

2 W.P.(MD)NO.25235 OF 2025 and for other reliefs.

For Petitioner : Mr.A.C.Asaithambi For R-1 & R-2 : Mr.K.S.Selvaganesan, Additional Government Pleader.

For R-3 : Mr.D.S.Haroon Rasheed * * *

O R D E R

Heard both sides.

2. The District Collector cum Regional Transport Authority, Tiruchirappalli issued the notification dated 17.02.2025 notifying the petition-mentioned route and called for applications from the general public who are interested to operate the mini bus. As many as 27 persons responded to the said notification. The third respondent herein was chosen in the lot. The sanction order was issued on 04.04.2025. By the impugned order dated 23.07.2025, the third respondent was given extension of time by three more months. Challenging the same, this writ petition has been filed.

3. The learned counsel for the writ petitioner drew my 2/6

3 W.P.(MD)NO.25235 OF 2025 attention to the Rule 181 of the Tamil Nadu Motor Vehicle Rules and contended that the failure on the part of the applicant to produce the vehicle together with the relevant documents within three months time would entail automatic revocation and the first respondent has not jurisdiction to grant further extension. Rule 181(b) of the Rules reads as follows:- " The acquisition of a vehicle in pursuance of an order sanctioning the permit shall be at the sole risk of the applicant as the order sanctioning the permit may be reversed on appeal or revision under the Motor Vehicles Act and Rules and such acquisition shall not be deemed to be a point in favour of the applicant while disposing of the appeal or revision.

If any applicant fails to produce the Certificate of registration, together with current fitness certificate, current insurance certificate and current tax license issued under (Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil Nadu Act 13 of 1974)] within three months time, the Transport Authority, or the Tribunal, as the case may be shall revoke its sanction."

4. In this case, sanction order was issued on 04.04.2025. Three months period would expire on 03.07.2025. However, in the 3/6

4 W.P.(MD)NO.25235 OF 2025 counter affidavit, it has been stated that the third respondent herein produced the vehicle together with the relevant documents on 30.06.2025 itself. It appears that the authority concerned insisted on providing one more seat in the bus and it is for this reason, extension was granted. It would have been better if in the extension order itself, this aspect has been set out. Be that as it may, the documents produced by the third respondent indicate that a second hand vehicle was purchased in the month of May itself and registration has also been obtained. When the authority on affidavit states that the vehicle was produced before 30.06.2025, I have to apply the maxim that all official acts are presumed to have been rightly and regularly done. In this view of the matter, Rule 181(b) cannot be pressed into service. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

24.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

4/6

5 W.P.(MD)NO.25235 OF 2025

1. The District Collector cum Regional Transport Authority, Tiruchirappalli.

2. The Regional Transport Officer, O/o.Regional Transport Officer, Srirangam, Trichy District.

5/6

6 W.P.(MD)NO.25235 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.25235 of 2025 24.09.2025 6/6