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Judgment
A.K. Rajan, J.—The petitioners have filed the above writ petitions praying to issue a writ of Mandamus to direct the second respondent to follow the instructions in para-5 of the letter No 99243/G3/99 dated 18.05.2001 of the first respondent by issuing permit to the petitioners.
The case of the petitioners is that they are permit holders of share auto rickshaws and they have been granted permit for five years from the date of issue of the permit; that the petitioners in W.P. Nos. 5061 to 5068, 5070, 5071,5072 and 5073 of 2002 were permitted to ply from Pallichandai Pudur whereas the petitioners in W.P. No. 5069, 5074 of 2002 were permitted to ply from Keeladi and there is a restriction that they have to ply within the Sivagangai District. But, according to the circular issued by the Special Commissioner & Transport Commissioner,(the first respondent) dated 18.05.2001,
"The vehicles may be permitted to ply within a radius of 30 kms. from the place where the vehicle is normally kept for use (as specified by the applicant in the application)".
Hence, the petitioners pray that they may be permitted to ply within the radius of 30 kms. from the place where the vehicle is normally kept for use. The petitioners have further submitted that from the parking place Madurai district border is only 8 kms and hence, as per the circular the petitioners can ply the vehicles within the radius of 30 kms. Including within Madurai District.
Heard both sides.
The instructions is issued to All the Regional Transport Officers in Tamil Nadu. It is only an instruction given to the officers, empowering them to grant permit as stated therein within Chennai City and District Head Quarters. This cannot be enforced as a rule by a permit holder .The permit conditions are only as stated in the permit. The permit had been granted by the Regional Transport Authorities Sivagangai. This authority has the power to grant permit to ply the vehicle only within the district of Sivaganga. This authority has no power to grant permit to ply the vehicle outside the district.
Inasmuch as the authority which grant permit has got the power only to permit the vehicle to ply within Sivagangai District, the circular referred to by the petitioner has to be read down in such a manner, that permit holder is empowered to ply the vehicle within a radius of 30 Kms within Sivaganga District. The prayer in the writ petition cannot be granted.
The writ petition fails and the same is dismissed. No cost.