N.Natarajan v. The Regional Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.920 of 2013 and M.P.(MD) No.2 of 2013 N.Natarajan ... Appellant -vs1.The Regional Transport Authority Tiruchirappalli District Triuchirappalli 2.The Regional Transport Officer Srirangam Check Post Thiruvanaikaval Trichy District 3.The Motor Vehicle Inspector Grade - I Unit Office Thuraiyur Post & Taluk Trichy District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.02.2013 in W.P.(MD).No.2268 of 2013, on the file of this Court.

Prayer in WP(MD). 2268/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 2nd and 3rd respondent from interfering or creating any trouble or problems in the operation of the petitioner s mini bus bearing Registration No.TN 45 N 0263 while plying from Thuraiyur Bus Stand Via Palakarai, Aathur Main Road, Govindapurm and Krishnapuram to reach it s termination place Poonachi as per the permit condition.

For Appellant :

Mr.A.C.Asaithambi For Respondents :

Mr.V.Muruganantham Additional Government Pleader

J U D G M E N T

[Judgment of the Court by T.S.SIVAGNANAM, J.] Heard Mr.A.C.Asaithambi, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government Pleader, appearing for the respondents.

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2. This writ appeal is directed challenging the order, dated 08.02.2013 made in W.P.(MD).No.2268 of 2013, which was filed by the appellant to forbear the respondents 2 and 3 from interfering or creating any trouble or problem in the operation of the mini bus bearing registration No. TN-45-N-0263. The Writ Court dismissed the writ petition taking note of the submissions made by the official respondent that the appellant is operating the mini bus in a route, which was not authorized to him and therefore, the authorities are entitled to take action.

3. The learned Additional Government Pleader pointed out that the primary permit issued for the said mini bus has been expired.

4. The learned counsel for the appellant submits that the permit is valid till 2019 and the appellant is plying the bus in the approved route as per permit conditions.

5. In any event the present issue arose in the year 2013, where according to the appellant there were certain disturbances and check reports were given to the appellant. On the other hand, the respondents would state that the appellant has violated the permit conditions, due to which check reports were issued in 2013. In any event, if the appellant is still having any problem in operating the mini bus in spite of adhering to the permit conditions, it is always open to him to approach the authority concerned by way of fresh representation.

6. With the above observations, this writ appeal is dismissed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P&A) / True Copy / Sub Assistant Registrar(C.S.) To:

1.The Regional Transport Authority, Tiruchirappalli District,Triuchirappalli.

2.The Regional Transport Officer, Srirangam Check Post, Thiruvanaikaval,Trichy District. 3.The Motor Vehicle Inspector Grade - I, Unit Office,Thuraiyur Post & Taluk,Trichy District. +1 CC TO MR.A.C.ASAI THAMBI, ADVOCATE,SR NO.59113 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.58834 ia/krk MAS/JC/SAR2:14.06.2017:2P-6C W.A.(MD) No.920 of 2013 and M.P.(MD) No.2 of 2013 06.06.2017 https://hcservices.ecourts.gov.in/hcservices/